JAGMOHAN SINGH Vs. GIAN DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 05.10.2013 passed by the Court of Additional District Judge, Faridkot whereby the appeal against the judgment and decree dated 12.01.2011 passed by Civil Judge (Jr. Divn.), Faridkot was dismissed.

(2.) FOR convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that originally one Bhagwan Singh son of Jawala Singh was the owner in possession of the suit land. He died on 01.05.1975 leaving behind his only son Inder Singh. The mutation of inheritance of Bhagwan Singh was not entered and sanctioned in favour of Inder Singh. In the month of March, 1990 Harnek Singh defendant No.2 approached the plaintiffs and represented himself to be the sole owner of the land in dispute and asked them to purchase the suit land. On the request of Harnek Singh defendant No.2, the plaintiffs purchased the land in dispute on 02.03.1990 for Rs. 5,000/ - and Harnek Singh got executed and registered a regular sale deed. The plaintiffs approached the Halqa Patwari for sanction of mutation on the basis of sale deed but the Patwari refused to enter the same on the ground that the suit land is recorded to be owned by Bhagwan Singh and his mutation has not been sanctioned as yet. As per the plaintiffs, on the basis of wrong advise given to them by their relatives, the sale deed was got executed from Harnek Singh by showing him as Bhagwan Singh. Defendants No.3 and 4 made a complaint to the police and FIR under Section 420 IPC was registered at Police Station Kotwali, Faridkot. Sadhu Ram and Darshan Ram faced trial in criminal case whereas the other accused were acquitted. The appeal filed by Sadhu Ram and Darshan Ram was also dismissed. The plaintiffs claimed that they had suffered a great loss and on the basis of sale deed dated 02.03.1990, they are owners of the land.