SUKHDEV SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) PURAN Singh filed suit for declaration against Tarlok Singh that he is owner in possession of land bearing khasra nos.248(0 -2), 318(3 -18), 319(6 -5), 320(6 -5), 321(7 -3), 324(5 -0) and 663 (0 -2), Kittas 7, total 28 Bighas 05 Biswas, situated within the revenue estate of village Sheikhpura, Tehsil and District Patiala and also prayed for a decree of permanent injunction to restrain the defendant from alienating the suit property in any manner or interfering in his peaceful possession. The plaintiff amended his plaint and impleaded Sukhdev Singh as defendant no.2 alleging that Tarlok Singh (defendant no.1) has sold land bearing khasra no.319(6 -5) (0 -52 -69) to defendant no.2 -Sukhdev Singh on 14.12.1981 during the pendency of the suit, which is illegal and not binding on the rights of the plaintiff.

(2.) IN the amended written statement, defendant no.1 averred that the plaintiff is not owner in possession of the land mentioned in the plaint except khasra nos.241(0 -2), 663(0 -2) and 318(3 -18). He also admitted the sale deed dated 14.12.1981 in favour of defendant no.2.

(3.) IN the written statement filed by defendant no.2, it was alleged that before purchasing the land, he verified the ownership of defendant no.1 from the revenue record as well as from the co -villagers. In the replication, it is alleged by the plaintiff that he came to know that defendant no.1 has obtained a decree from the Court of Sub Judge 1st Class, Patiala on 08.05.1981 which is a nullity as the plaintiff had never engaged any lawyer nor did he file any admitted written statement. He also added that he never appeared in that suit nor suffered any statement in favour of defendant no.1. On the pleadings of the parties, following issues were framed by the Trial Court: -