BALRAJ KAUR Vs. GURNEK SINGH

JUDGEMENT

(1.) APPELLANT filed a suit for declaration to the effect that she was owner in possession of land measuring 11 kanals 18 marlas bearing killa No.32/1(8 -0), 10(3 -18) khata/khatauni No.420/847 as per jamabandi for the year 2005 -2006 situated at village Bhoma, Tehsil and District Amritsar, with a consequential relief of permanent injunction restraining the defendant -respondents from taking possession of the suit property from him in partition proceedings. Upon notice, defendant -respondents No.1 to 3 appeared and filed written statement. However, defendant -respondents No.4 to 7 were proceeded against ex -parte. Defendants No.1 to 3 raised various preliminary objections with regard to maintainability of the suit as well as jurisdiction of the Civil Court. On merits, it was submitted that Kartar Singh -vendor of the appellant was not competent to sell and execute any sale deed regarding the land more than his share in favour of the plaintiff -appellant. Since he sold the land in dispute to the plaintiff vide registered sale deed dated 10.6.1987 more than his share, no declaration on the basis of the sale deed could have been granted.

(2.) ON the basis of the pleadings of the parties, following issues were framed: -

(3.) THE parties led oral as well as documentary evidence in support of their respective claims. After hearing learned counsel for the parties and appreciating the material evidence on record, trial Court dismissed the suit vide judgment and decree dated 19.9.2012. Appeal filed on behalf of the appellant against the aforesaid judgment and decree before the First Appellate Court was also dismissed vide impugned judgment and decree dated 22.8.2013. While dismissing the appeal, lower Appellate Court observed as under: -