KARTAR KAUR Vs. SARABJIT SINGH

JUDGEMENT

(1.) The present appeal has been directed against the consistent findings recorded by the Courts below whereby suit filed by the appellant/plaintiff for declaration, permanent injunction and possession was dismissed by the Civil Judge (Junior Division). Fatehgarh Sahib (hereinafter to be referred as "the trial court") vide judgment and decree dated 10.5.2011 and the appeal preferred by the plaintiff/appellant against the judgment and decree of the trial court did not find favour with the Additional District Judge, Fatehgarh Sahib.

(2.) The facts relevant for disposal of the present appeal are that Kartar Kaur appellant staked her claim to the property on the basis of registered sale deed dated 11.6.1999 purported to be executed by Mohinder Singh son of Sulakhan Singh (her son). It is pleaded that possession of suit land was delivered in her favour on the basis of sale deed but Sarabjit Singh defendant No. 1 took possession of the suit property forcibly from the plaintiff in June 2005. She handed over a copy of the sale deed to halqa patwari in 1999 for sanction of mutation but now she came to know that partwari had not sanctioned the mutation. The revenue entries in the names of defendant Nos. 1 and 2 are wrong and liable to be corrected in her name.

(3.) Sarabjit Singh respondent/defendant No. 1 filed the written statement raising preliminary objections inter alia maintainability, locus standi, concealment of material facts and jurisdiction of the Court. It has been denied that either the suit land was alienated in favour of the appellant or the plaintiff was in possession thereof or he has forcibly taken over possession of the suit land by taking advantage of illiteracy and old age of the appellant. It is further averred that the alleged sale deed is the result of fraud and misrepresentation and has no value in the eyes of law. Defendant No. 2 is the son of the plaintiff and they have tried to commit fraud in connivance with each other. He purchased the property, being bona fide purchaser and without any encumbrance, from Mohinder Singh through registered sale deed dated 23.11.2004 for a sale consideration of Rs. 33,86,000/-. The negotiation for purchase of property was made in presence of the plaintiff and she admitted that the property was free of every encumbrance. Mohinder Singh also executed an affidavit dated 23.11.2004 regarding sale deed in favour of the answering defendant. Mutation bearing No. 1145 sanctioned on the basis of sale in favour of the answering defendant is genuine and valid. All other material averments of the plaint have been denied with a prayer for dismissal of the suit.