UNION OF INDIA Vs. NAZAR SINGH

JUDGEMENT

(1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 10.12.1979 passed by the Court of learned District Judge, Bhatinda, who, dismissed the appeal of Union of India by affirming the judgment and decree dated 30.1.1975 passed by the Court of Sub Judge Ist Class, Bhatinda who had decreed suit of the plaintiffs S/Shri Nazir Singh, Nagar Singh and Gurcharan Singh and granted a decree for declaration that the plaintiffs are the owners of the suit land being a bona fide purchasers for valuable consideration from Shri Hansa Singh and a decree for permanent injunction has also passed against the defendant-appellants directing them not to interfere in the possession of the plaintiffs who have become the owners of the suit land.

(2.) THE brief facts of the case are that Hansa Singh son of Kala Singh son of Bogha Singh purchased the suit land for a sum of Rs. 6000/- in a public auction from Government of India through Tehsildar (Sales) on 2.1.1965 and the area purchased was 71 Kanals 10 Marlas fully described in the Head Note of the plaint and entered as per Jamabandi for the year 1964-65, situated in village Jai Singh Wala Tehsil and District Bhatinda. The entire sale consideration was paid to the Rehabilitation Department as a result of which Shri Hansa Singh became the full fledged owner. Mutation of the land purchased was also effected and sanctioned in his favour by the Collector on 1.10.1966. Subsequently, Hansa Singh sold the land to the plaintiffs for a sum of Rs. 10,000/- vide sale deed dated 12.2.69 and a mutation of this land was also sanctioned in favour of the plaintiffs on 26.9.69. It is the case of the plaintiffs that they are the owners and in possession of this land with effect from 17.2.69 on the basis of the sale deed Ex. P1 and that the defendants are trying to interfere in the possession of the plaintiff without any right, title or interest. So much so the plaintiffs served a legal notice upon the defendants on 18.2.1971 under Section 80 C.P.C.

(3.) THE plaintiffs filed replication in which they reiterated their averments taken in the plaint by denying those of the written statement and from the pleadings of the parties the learned trial Court framed the following issues :-