AVTAR SINGH Vs. SANTOKH SINGH AND OTHERS

JUDGEMENT

(1.) Admittedly plaintiffs-respondents are owner of suit land measuring 3 kanals 18 marlas bearing khewat No. 792, khatauni no. 974, khasra nos. 487/3 (0-2), 488/2 (0-15), 489/2 (0-2), 490 (0-14), 491 (2-5), as per jamabandi for the year 2007- 2008 situated in village Raipur Rasoolpur, Tehsil and District Jalandar. They claimed possession of the suit land from defendant alleging his possession over the suit land as illegal and unauthorized.

(2.) Defendant-Appellant contested the claim of plaintiffs inter alia pleading that suit property was given to him in exchange in the month of March, 2007 and in lieu thereof land measuring 4 kanals 4 marlas was given to plaintiffs out of khewat khatauni no. 750/946, 947, 753/950, 938/1161, khasra nos. 496, 509, 521/1, 524/2, 305, 291/1 which was purchased by defendant from Dr. Avinash Dhillon for a consideration of Rs. 16,80,000/- vide sale deed dated 29.01.2007.

(3.) The defendant failed to prove the exchange. However, learned Civil Judge (Junior Division), Jalandhar dismissed the suit of plaintiffs making out a case for defendant that he is in possession over the suit land with consent/permission of plaintiffs as he was paying 'hala' amount of Rs. 250/- per annum to plaintiffs. Plaintiffs were asked to avail the remedy for ejectment of defendant from the suit land as available to them under the law.