GURJANT SINGH Vs. NAIB SINGH

JUDGEMENT

(1.) The Plaintiff has filed this appeal to challenge the judgment and decree dated 20.2.2002 passed by the Additional Civil Judge (Senior Division), Mansa, dismissing his suit for declaration, as well as the judgment and decree dated 23.1.2004 passed by the Additional District Judge, Mansa, vide which his appeal against the judgment and decree of the trial Court was also dismissed.

(2.) In brief, the facts giving rise to this appeal are that judgment and decree dated 3.4.1992 passed in Civil Suit No. 657 dated 15.10.1991 filed by Gurjant Singh Plaintiff was suffered in his favour by his grandfather Joiginder Singh deceased, with regard to the land measuring 24 Kanals. After the death of Joginder Singh, his son Naib Singh and daughter Jeet Kaur got mutation No. 8957 dated 13.6.1997 with regard to the land belonging to their father Joginder Singh deceased sanctioned in their favour as well as in favour of Smt. Surjit Kaur widow of their deceased brother Ajaib Singh, his daughter Shinder Kaur as well as his son Gurjant Singh Plaintiff, on the basis of inheritance. The said mutation had been challenged by the Plaintiff in the present suit for declaration to the effect that the land measuring 24 Kanals, originally belonging to his grandfather Joginder Singh deceased, was in his ownership and possession owing to the judgment and decree dated 3.4.1992 which was suffered by his grandfather in his favour, and the defendants had got sanctioned mutation No. 8957 dated 13.6.1997 in connivance with the revenue authorities. The defendants contested the suit on the ground that the suit land was ancestral and co-parcenary property and Joginder Singh deceased was not entitled to suffer the decree in favour of the Plaintiff After hearing the counsel for the parties and on going through evidence adduced on record, the Additional Civil Judge (Senior Division), Mansa, dismissed the suit filed by Gurjant Singh Plaintiff The appeal filed by him was also dismissed by the Additional District Judge, Mansa, vide judgment and decree dated 23.1.2004. Now Gurjant Singh has filed the present appeal wherein challenge has been made to the judgments and decrees passed by both the Courts below.

(3.) It has been contended by Mr. S.K. Singla, learned counsel for the appellant, that the lower appellate Court has erroneously brushed aside the Khasra Girdawaries (Ex. PX) from which the exclusive possession of the Plaintiff-appellant on the land in dispute stands proved and also that Joginder Singh deceased, grandfather of the Plaintiff-appellant, had suffered a decree in favour of the Plaintiff on 3.4.1992 pertaining to 24 Kanals of land.