SARWAN KUMAR Vs. PARKASH CHAND

JUDGEMENT

(1.) Present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby Civil Suit No. 94 dtd. 16/8/2003 filed by the appellant for declaration with consequential relief of permanent injunction, has been dismissed by both Courts below.

(2.) Both the above said appeals are being disposed of by this common judgment as both are in respect of the same suit land; between the same parties; and facts and issues involved in both the appeals are identical. Vide order dtd. 25/7/2019, Predecessor Bench of this Court had directed in RSA-3564-2019 that both the appeals be heard together. For the sake of facility, facts are being drawn from RSA-2593-2014 titled as "Sarwan Kumar vs. Parkash Chand and another."

(3.) The facts as pleaded by the appellant in the plaint was that the suit property measuring 206 sq.yds. was purchased by the plaintiff and defendant No.1 and one another brother, namely, Gian Chand from its previous owner Smt. Shanti Devi vide registered Sale Deed dtd. 16/1/1990. Thereafter, construction on the suit property was raised by all the three brothers. It was contended that since the property was not partitioned, nobody had the right to alienate or dispose of the same in favour of anybody. However, defendant No.1 has sold property in question to defendant No.2 vide Sale Deed dtd. 29/7/2003 without consent and will of the plaintiff and without the partition of the property. Thus, the said Sale Deed dtd. 29/7/2003 was illegal, null and void. It was further alleged in the plaint that the defendant No.1 had sold more than his share in the suit property to defendant No.2. It was further alleged that defendant No.2 is trying to make addition, alteration or construction in the suit property, which could not be permitted. Plaintiff had requested defendants not to do so but to no effect. Accordingly, present Civil Suit No. 94 dtd. 16/8/2003 was filed seeking declaration to the effect "that the sale deed dtd. 29/7/2003 executed by the defendant No.1 in favour of the defendant No.2 is illegal, null and void, unlawful and carries no value in the eyes of law, as the property measuring 206 Sq. Yds., bearing Pvt. No.6-A, Khasra Khata No.1781-1783-1784-1785, No.344/360, situated at Abadi Guru Gobind Singh Nagar Sub urban, Majitha Road, Amritsar has not been partitioned by metes and bounds and with the consequential relief of permanent injunction restraining the defendant No.2 from making any addition, alteration or construction in the said property in any manner whatsoever may be".