KAMALJIT KAUR Vs. PRITAM KAUR AND OTHERS

JUDGEMENT

(1.) Plaintiff-Kesar Singh (now represented by his legal heirs Pritam Kaur, Jasbir Singh, Lakhbir Singh, Palwinder Kaur, Rajwant Kaur along with Ujagar Singh and Gurdev Singh filed civil suit seeking relief of declaration and injunction as follows :-

(2.) The case of plaintiff, in brief, is that they had purchased 1/2 share of land measuring 22 kanal 9 marla situated at village Tibba from Bachittar Singh son of Phuman Singh on 22.3.1986. Kesar Singh entered into an agreement to sell 7 kanal 9- marla of land for consideration of Rs. 45,000/- with plaintiff no.2 Ujagar Singh. However, the sale deed as per this agreement was not executed. Defendant Kamaljit Kaur in collusion with marginal witnesses of sale deed played fraud by preparing false and fictitious sale deed of land measuring 7 kanal 9 marla belonging to plaintiff Kesar Singh. The said sale deed was not signed in favour of defendant and is illegal, null and void, without consideration and is the result of impersonation. Kesar Singh had borrowed a sum of Rs. 5,000/- on pro-note from Jagtar Singh son of Bakshish Singh in the month of July, 1986 and returned this amount to him after a year. The plaintiffs continued to be in possession of the suit land. The defendant without any notice and knowledge of plaintiff got sanctioned mutation no.2730 on the basis of false and factitious sale deed dated 17.7.1986. In the second week of December, 1988, the defendant with the aid of certain unwanted elements tried to forcibly and illegal cultivate the suit land owned by plaintiff having crops and the matter was reported to the Police Station Sahnewal. At this juncture the defendant alleged sale deed of suit land in his favour. Thereafter the plaintiff verified the revenue record and requested the defendant not to interfere in his peaceful possession but of no avail, hence this suit.

(3.) In the written statement, the defendant contested and controverted the claim of plaintiff, inter alia, pleading that she had purchased the suit land vide sale deed dated 17.7.1986. The sale consideration was paid as follows :-