CHAND SINGH Vs. BASANT KAUR

JUDGEMENT

(1.) Present Regular Second Appeal (RSA) has been filed by plaintiff - Chand Singh @ Harchand Singh (appellant herein), against the concurrent finding of dismissal of suit filed by him.

(2.) Sole plaintiff filed a suit for declaration against total 23 defendants (respondents herein), to the effect that mutation No.6808 of village Madhir regarding partition and Rapat Roznamcha No.290, dtd. 21/12/2010 of village Madhir in respect of partition of khewat No.21, total Kittas 80 (381-11) of village Madhir, Tehsil Gidderbaha, as per the Jamabandi for the year 2005-06, is illegal, null and void, and is ineffective qua the rights of plaintiff. Plea of permanent injunction from interfering into or dispossessing the plaintiff from the land measuring 47 Kanals - 17 Marlas, situated within the area of village Madhir, Tehsil Gidderbaha, Distt. Sri Muktsar Sahib, was also sought.

(3.) Broadly, plaintiff pleaded that he never surrendered the possession of the suit land nor has ever been evicted by any Court of law. Defendants are pleaded to be rich and influential persons, who in connivance with the revenue authorities, succeeded in recording the impugned rapat roznamcha, and mutations. In fact, in the month of December 2010, Nachattar Singh, who is related as nephew of the plaintiff, came to him and suggested that there is proposal for amending the turn of water as per the policy of the Government of Punjab, and for that purpose, his thumb impressions are required. Having fiduciary relations with Nachattar Singh, plaintiff affixed his thumb impressions on some papers and a book in good faith without knowing the nature of the same.