LAKHWINDER SINGH Vs. BIMLA DEVI AND ORS.

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 24.12.2012 passed by the Additional District Judge, Sirsa, dismissing the appeal filed by Lakhwinder Singh -appellant against the judgment and decree dated 23.03.2010 passed by the Civil Judge (Junior Division) Sirsa, whereby the suit filed by the plaintiff/appellant was dismissed and the counter claim preferred by the respondents has been allowed.

(2.) The facts, in brief, are that the plaintiff/appellant filed a suit for declaration of ownership in possession of the suit land claiming that Ram Sarup, the erstwhile owner of the suit land, entered into an agreement of sale dated 13.02.1989 for a sum of Rs. 10,000.00, out of which Rs. 8,000.00 were paid as earnest money and balance amount of Rs. 2,000.00 was agreed to be paid at the time of execution of sale deed on 12.02.1990. The agreement was scribed by Virender Kumar, Deed Writer duly signed by Ram Sarup, Reshma and Lakhwinder Singh -appellant. Possession of land was delivered to the appellant on the date of agreement. On 12.02.1990, the appellant requested for execution of sale deed on payment of balance sale consideration but Ram Sarup refused to execute the same. The appellant always remained ready and willing to perform his part of the agreement but Ram Sarup committed a breach thereof.

(3.) Ram Sarup died in the year 1996 and the land was transferred in the name of Bimla Devi, widow, Krishan Kumar and Sunil Kumar sons of Ram Sarup vide mutation No. 9828 sanctioned on 31.03.1997. The appellant also claimed his ownership of the suit land on the basis of adverse possession with the plea that he is in continuous, peaceful and hostile possession of the suit land for the past more than 12 years.