RAMESH AND OTHERS Vs. RAM RATTAN AND OTHERS

JUDGEMENT

(1.) Present regular second appeal against the judgment & decree dated 24.8.2007, passed by learned Additional District Judge, Jind, whereby judgment & decree dated 23.4.2005, passed by learned Additional Civil Judge (Senior Division), Safidon, was modified. For the sake of convenience, parties are being referred to as per their status before the Court of first instance.

(2.) Relevant facts of the case that plaintiffs filed suit for declaration to the effect that plaintiff No.1-Inder Singh was owner in possession of ghar/plot bearing khasra No. 256/2 and plaintiff No.2- Dharampal is owner in possession of residential house comprised in khasra No. 243 and defendants No.5, 10 & 11 are owners in possession of house comprised in khasra No. 242/2 on the basis of judgment dated 15.6.1996 and mutation No. 904 on the basis of sale deed No. 788 dated 1.3.1974 was duly registered with Sub Registrar, Safidon. Plaintiffs challenged that sale deed dated 927 dated 14.12.1998 allegedly executed by defendant No.4 in favour of defendant No.1 pertaining to suit land measuring 2 kanals 3 marlas to the extent of 1/3rd share and mutation No. 935 dated 23.12.1998 (Ex.P5) are null and void and not binding upon the plaintiffs and defendants No.5, 10 & 11. Plaintiffs also sought relief of permanent injunction thereby restraining the defendants No.1 to 3 from interfering into peaceful possession of plaintiffs and defendants No.5, 10 & 11 over the suit property and also from dispossessing the plaintiffs from their respected properties.

(3.) Defendants No.1 to 3 contested the suit inter alia taking the plea that present suit has been filed by the plaintiffs just to usurp the land measuring 2 kanals 3 marlas to the extent of 1/3rd share comprised in khasra No. 256/2, which is in exclusive possession of defendant No. 1 as the same was purchased by him against valuable consideration of Rs. 20,000/- from defendant No.4 vide registered sale deed No. 927 dated 14.12.1998 and delivered the possession. Co-sharer Smt. Darshani, defendant No.4, had sold her share i.e. 14 marlas of land out of the alleged land of the answering defendant No.1 vide sale deed No. 927 dated 14.12.1998 (Ex.P6) against valuable consideration and delivered the possession. As per defendants No.1 to 3, sale deed No. 788 dated 1.3.1974 is not pertaining to the suit property. Infact, there is no construction or structure in existence of khasra No. 256/2 min and prayed that suit of the plaintiffs be dismissed. Defendant No.4 appeared and filed admitted written statement.