ROOP SINGH Vs. NIRAPDEEP SINGH

JUDGEMENT

(1.) For convenience, parties herein are addressed as per the recitals before the trial Court.

(2.) Having suffered concurrent adverse findings by the two Courts below, the defendant-appellant is in second appeal before this Court assailing the trial Court judgment and decree dtd. 28/10/2016, as upheld by learned First Appellate Court vide its judgment and decree dtd. 27/8/2019.

(3.) Briefly stated, facts as noticed by Courts below are that plaintiffs purchased the land in question vide sale deed executed and registered in their favour by Sital Singh son of Sh. Baldev Singh alias Davinder Singh through his General Attorney Gurpal Singh at vasika No.12754 dtd. 16/1/2008. On the basis of said sale deed, mutation No.700 was also sanctioned in their favour. Plaintiffs purchased the said property alongwith electricity motor of 3 HP (Khattano.151). Electricity connection was transferred from the name of exowner, namely, Sital Singh in the name of plaintiff no.1. Plaintiffs leased the land to Mr. Dhand, who was running a brick kiln at Sahnewal, Distt. Ludhiana. Defendant in collusion with revenue officials subsequently got mutation No.700 declared as disputed and also got the same referred to Court of Assistant Collector First Grade-cum-SDM, Ludhiana (East) and got the same cancelled. Two other mutations i.e., mutations No.702 and 722 were also cancelled. Plaintiffs thereafter filed an appeal before the Collector Ludhiana, on 17/10/2009, which was dismissed on 22/1/2010. Defendant was allegedly interfering in the peaceful possession of the plaintiffs after dismissal of the latter's appeal.