BASANT KAUR Vs. SANJIV KUMAR BASSI

JUDGEMENT

(1.) This is plaintiffs' second appeal against the judgment and decree of the first appellate court reversing the order of the trial Court, whereby suit of the plaintiffs was decreed in respect of Plot No. 118 measuring 222 sq. yards comprised in Khasra No. 18/2 situate in Tafazalpura, Tehsil and District Patiala.

(2.) In brief, the facts are that predecessors-in-interest of the plaintiff, vide registered sale-deed dated 12.2.1970, purchased plot No. 118 measuring 222 sq. yards carved out of Khasra No. 18/2 from Bhagat Singh son of Kharak Singh through his central attorney Ajit Singh son of Gurbax Singh (vendor of defendant Nos. 1 and 2). Plaintiff alleged that possession of the plot was delivered pursuant to the sale. It is further stated that Gurbux Singh son of Bhagat Singh sold the plot of land comprising Khasra No. 18/2 to defendant Nos. 1 and 2 (respondent Nos. 1 to 6 successors-in-interest of Sham Lal, defendant) vide registered sale-deed dated 5.11.1979. Defendants had taken possession of the land in dispute since it was lying vacant, and had constructed a boundary wall on the existing foundation which was filed by Babu Singh, predecessor-in-interest of the plaintiffs in 1971. Defendant Nos. 1 and 2 denied the allegations made in the plaint and stated that Bhagat Singh was not the owner of the plot in dispute and the alleged sale-deed in favour of predecessor-in-interest of the plaintiffs was a Sham transaction, and they validly purchased the plot which was carved up of Khasra No. 18/3/2 from Gurbax Singh son of Bhagat Singh for Rs. 15,000/- and possession of the land was given by the vendor. Defendant Nos. 1 and 2 had spent Rs. 2,000/- and Rs. 6,000/- respectively on the improvements made. Gurbax Singh, vendor, who was defendant No. 9 in the suit, filed written statement taking of same stand as taken by defendant Nos. 1 and 2, and pleaded that he sold plot measuring 229 sq. yards falling in Khasra No. 18/3/2 to defendant Nos. 1 and 2 vide sale-deed dated 5.11.1979, for a consideration of Rs. 15,000/- and put them in possession of the same. On the pleadings of the parties, the following issues were framed :-

(3.) The contesting defendants challenged the judgment and decree of the trial Judge in first appeal before the District Judge, Patiala, which was entrusted to Sh. S.S. Chahal, Additional District Judge, Patiala. As the controversy between the parties involved demarcation of Khasra No. 18/2 and Khasra No. 18/3/2, the first appellate Court vide its order dated 29.11.1986 appointed Sh. Hardhan Singh, Kanungo Circle Dakala as Local Commissioner to inspect the spot and after measurement, give a report whether the plot in dispute formed part of Khasra No. 18/2. Later, appointment of Hardhan Singh was cancelled and in his place, B.S. Grewal Naib Tehsildar, Patran, was appointed as Local Commissioner for measurement of the site. The Local Commissioner submitted his report on 8.5.1987. Defendant No. 1 filed objections to the Local Commissioner's report. The first appellate Court did not find any merit in the objections of defendant No. 1 and, therefore, dismissed the appeal. Defendants preferred second appeal a challenge was made to the report of the Local Commissioner. G.R. Majithja, J. decided the appeal and set aside the report of the Local Commissioner by observing as under :-