SANTOSH KAUR Vs. GURUDWARA TAKHAT SHRI KESGARH SAHIB

JUDGEMENT

(1.) SUIT filed by the plaintiff was dismissed by the trial Court vide judgment and decree dated 09.09.2011. The appeal preferred against the said decree also failed and was, accordingly, dismissed by the learned first Appellate Court vide judgment and decree dated 06.01.2012. That is how, the plaintiff is before this Court in this Regular Second Appeal. Parties to the lis, hereafter, would be referred to by their original positions in the suit.

(2.) PLAINTIFF prayed for exclusive possession being owner of plot/khola, as shown by letters ABCD in site plan attached with the plaint with a consequential relief of injunction that defendant be restrained from raising any further construction during the pendency of the suit.

(3.) IN defence, the defendant denied the ownership of the plaintiff vis -a -vis the suit property. It was claimed that the suit property was exclusively owned and possessed by the defendant. Site plan filed by the plaintiff was pleaded to be incorrect. Suit premises with pucca Well therein were never sold to the plaintiff by said Sodhi Manmohan Singh and Niranjan Singh, who themselves were never the owners and in possession thereof. The sale deeds were purported to be void and illegal and also they do not confer any right either in the plaintiff or her husband. The Will propounded by the plaintiff was stated to be forged. Pucca small room built on the Northern side of the premises was stated to have been built more than 50 years ago. Three phase electric motor was purported to have been installed by the defendant for taking water of Well.