AJIT SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) PLAINTIFF Charan Singh now respondent No.1 herein, had filed the suit for possession of land measuring 52 kanals 4 marlas detailed in the plaint as also in Jamabandi for the year 1990 -1991, against the defendants. Out of the entire set of defendants, defendants No. 1 to 3 are now appellants whereas rest of the defendants were impleaded in this RSA as proforma respondents no. 2 to 5.

(2.) SUIT land once was owned by Central Government. It was auctioned in a restricted auction in terms of the provisions of the Punjab Package Deal Properties (Disposal) Act, 1976. The plaintiff belong to a scheduled caste and being highest bidder, was allotted this land. Consideration of Rs.15,000/ - was paid on 30.10.1984. Consequently, sale certificate was issued in his favour on 08.05.1992. As per the case of the respondent -plaintiff Charan Singh, he was forcibly dispossessed about one and a half year earlier to filing of the suit and having not been able to retrieve the possession, had filed the suit.

(3.) THE contesting defendants sought affixation of advolrem court fees on a sum of Rs. 96,000/ -. Plea of bonafide purchasers for valuable consideration in terms of Section 41 of the Transfer of Property Act, 1882 was also taken. Later on, defendant Tega Singh had executed the sale deed on 16.10.1992 in favour of Ajit Singh, Amrik Singh and Darshan Singh sons of Gurdip Singh for a sum of Rs.33,000/ - regarding land measuring 17 kanals 19 marlas. On 05.11.1992 said Ajit Singh and others even further sold the land measuring 16 kanals in favour of Rachhpal Sing and Balbir Singh sons of Kabal Singh. In a separately filed written statement by defendants No. 5 and 6, they also claimed themselves to be bona fide purchasers and sought protection of provisions of Section 41 of the Transfer of Property Act, 1882.