BALBIR KAUR Vs. SAWARNJIT KAUR

JUDGEMENT

(1.) Present Regular Second Appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby suit filed by the appellant for declaration that plaintiff is owner in possession of suit property by adverse possession; and suit for permanent injunction restraining the defendants from interfering in the suit property except in due course of law, has been dismissed by both the Courts below.

(2.) Pleaded case in the plaint was that the plaintiff had entered into an Agreement to Sell dtd. 6/8/1988 with the defendants regarding the suit property pursuant to which possession of the property was handed over to the plaintiff after obtaining entire sale consideration. However, the defendants did not come to the office of Sub Registrar for registration of sale deed. It was pleaded that previously on 24/1/1981, defendant No.1 had entered into an Agreement to Sell of the same suit property with defendant No.2 and possession was given to defendant No.2. Plaintiff had purchased the possession from defendant No.2 right from 24/1/1981 and possession of the plaintiff has remained over the suit property for more than 12 years without any interference, hindrance or objection from the defendants. Plaintiff also paid the entire sale consideration to the defendants on 6/8/1988. However, now defendants No.1 and 2 had tried to take forcible possession of suit property from the plaintiff. Accordingly, plaintiff filed the present suit on 5/4/2006.

(3.) Despite notice, defendants had failed to appear and were therefore, proceeded against ex parte before the learned Civil Judge.