BAGGAR SINGH Vs. NAND KAUR

JUDGEMENT

(1.) "Suit for declaration of title only is not maintainable unless possession is claimed in the same suit" is the cut-and-dried argument and the law point raised and resisted in this case. Therefore, this Court is to consider and decide whether there is any such proposition of law, and can there be, at all, any such preposition of law under the relevant statutory provisions. If yes; how, and if not; why?

(2.) This is an appeal challenging the judgment and decree dtd. 9/2/1999 passed by the Additional District Judge, Faridkot, whereby the judgment and decree dtd. 22/12/1993 passed the Additional Senior Sub-Judge, Faridkot, was upheld; though upsetting findings on one of the issues.

(3.) The brief facts, as involved in the present case, are that the appellants-plaintiffs filed the suit asserting therein that the plaintiffs are owner in possession of the suit land as joint shareholders and hence they are entitled to the correction of the entries in the record, and further; that the sale deed dtd. 26/9/1988 executed by Parsin Kaur, the defendant No.2, in favour of defendant No.5 was null and void. To substantiate their assertions, they had pleaded in the suit that originally defendant No.1-Nand Kaur, who is sister of the plaintiff No.1; was the owner to the extent of one-tenth share of the total land measuring 68 Kanals 08 Marlas. Puran Singh, who was the father of the plaintiffs No.2 and 3 and also another brother of Nand Kaur, expired about 8-9 years back and his estate has been succeeded by his only two daughters, namely, Jang Kaur and Chotto, who are plaintiffs No.2 and 3. Mutation to this effect had also been entered in their name. Plaintiffs No.4 to 7 and defendants No.3 and 4 are the sons, daughters and widow of Nanak Singh, who was the third brother of Nand Kaur. Nand Kaur had sold her one-tenth share to defendant No.2-Parsin Kaur, who is not related to the family, vide sale deed dtd. 19/2/1968 for a sale consideration of Rs.3,000.00. Challenging the said sale deed, plaintiff No.1 and Puran Singh, father of the plaintiffs No.2 and 3 and Nanak Singh, the predecessor of plaintiffs No.4 to 7 and defendants No.3 and 4, had filed suit No.20 dtd. 8/1/1969 for pre-emption of the said suit land. Plaintiff No.1, and father of plaintiffs No.2 and 3; and Nanak Singh-predecessor of plaintiffs No.4 to 7 and defendants No.3 and 4; had claimed one-third share each out of one tenth share of Nand Kaur; which was subject matter of the pre-emption of the suit. The sale which was subject matter of the pre-emption was for a consideration of Rs.3,000.00. The Civil Court handling the pre-emption suit ordered the plaintiffs to deposit one-fifth share of Rs.3,000.00, i.e. Rs.600.00 as per the provisions of the Punjab Pre-emption Act, 1913. The said amount is stated to have been deposited on 10/4/1969. The said suit was tried and decided by the Sub-Judge First Class and was decreed in favour of the aforesaid plaintiff No.1 and the predecessor-in-interest of the remaining plaintiffs and two of the defendants, vide judgment and decree dtd. 10/7/1969, subject to payment of Rs.3,230.00 to Parsin Kaur-defendant No.2 upto 5/10/1969. The amount of Rs.600.00 already deposited was ordered to be deducted. The balance amount was paid to Parsin Kaur on 4/10/1969 and she had withdrawn Rs.600.00 from the Court on 6/10/1969.