GURDEV SINGH Vs. MUKHTIAR SINGH AND ORS.

JUDGEMENT

(1.) This regular second appeal has been directed by the plaintiff against the judgment and decree dated 08.02.1988 passed by District Judge, Sangrur, whereby appeal was partly accepted while setting aside judgment and decree of the trial Court dated 18.07.1987.

(2.) Plaintiff Gurdev Singh filed a suit for declaration and permanent injunction claiming ownership being in possession of land measuring 24 kanals comprised in Khasra Nos.14 (8-0), 17 (8-0), 24(8-0) according to jamabandi for the year 1980-81 situated in the revenue estate of Village Badrukhan. The mutation No.6310 dated 27.01.1984 was also challenged. Relief of permanent injunction was also sought thereby restraining the defendants from interfering in the suit land.

(3.) Plaintiff claimed that Santa Singh was owner of the aforesaid land measuring 24 kanals which was known as Jogianwala Khet. Said Santa Singh (deceased) executed an exchange deed dated 28.01.1975 transferring the said land in favour of plaintiff in lieu of 3 bighas of land of the plaintiff comprised in Khasra No.23/24/1 of superior quality in the estate known as Tehliwala Khet. In part performance of the aforesaid exchange deed, Santa Singh had delivered possession of the land to the plaintiff and also took possession of the land of 3 bighas belonging to the plaintiff and since then plaintiff claimed his continuous possession over the land so exchanged. According to aforesaid exchange deed, the same was to be registered before 15.06.1975. Plaintiff alleged failure on the part of Santa Singh and aforesaid exchange deed could not be registered.