JHUJAR SINGH Vs. DASONDA SINGH

JUDGEMENT

(1.) By this judgment I dispose of two Regular Second Appeals bearing No. 2645 of 1982 title 'Jhujar Singh & Anr. v. Dasonda Singh & Ors., an R.S.A. No. 2644 of 1982 titled 'Dasonda Singh & Ors. v. Zalam Singh & Ors., as both the appeals have arisen from the judgment and decree dated 8.9.1982 passed by the Court of Additional District Judge, Sangrur, who partly allowed the appeal of the defendants and the judgment and decree dated 13.5.1981 passed by the Court of Sub Judge 1st Class, Dhuri was modified in the way that instead of a decree for possession of the entire land in dispute, a decree for possession of 3/5th share only out of the land in dispute was passed in favour of the plaintiffs and against the defendants No. 1 to 8. The suit with regard to the remaining 2/5th share of the suit land was, however, dismissed. In the present two appeals, the plaintiffs want that the entire suit should be decreed as decreed by the trial Court and the defendants have prayed that the suit of the plaintiffs should be dismissed in toto.

(2.) The brief facts of the case are that Saun Singh father of Dasondha Singh, Jangir Singh and Mukhtiar Singh plaintiffs was the owner of the land comprising in Khasra Nos. 2024, 2043, 2029, 2411 and 1866. He sold land measuring 4 Bighas 15 Biswas comprised in khasra No. 2024 to Gurnam Singh for a consideration of Rs. 210/-, land measuring 14 Bighas 17 Biswas comprised in khasra Nos. 2043 and 2029 for a sum of Rs. 824/- and land measuring 11 Bighas 11 Biswas coprised in Kasra No. 2411 for a sum of Rs. 90/- to the above said Gurnam Singh and the land measuring 3 Bighas 2 Biswas comprised in khasra No. 1886 to Parsin Kaur wife of Gurnam Singh. All these transactions were made through various sale deeds. Both Gurnam Singh and Parsin Kaur have died and defendants No. 1 to 8 namely Zalam Singh, Jhujar Singh, Surjit Kaur, Gobinder Singh, Gurmit Singh, Raghbir Singh, Gurmail Kaur, and Mukhtiar Kaur are the legal representatives of Gurnam Singh and Parsin Kaur. According to the plaintiffs, the land in suit was allotted in lieu of above said khasra numbers sold by Saun Singh to Gurnam Singh and Parsin Kaur. The plaintiff also filed a suit for declaration alleging that the sales made by Saun Singh in favour of Gurnam Singh and his wife Parsin Kaur were without consideration and legal necessity and these sale deeds are void and do not, affect the rights of the plaintiffs. That suit was decreed on 25.3.2000 B.K, with the directions that the plaintiffs would be entitled to the possession of the land by paying Rs. 210/- after the death of Saun Singh. The plaintiffs are thus entitled to the possession of the land by paying Rs. 210/- Gurnarn Singh and Parsin Kaur filed an appeal against the judgment dated 25.2.2000 B.K. and the said appeal was also dismissed on 22.12.2000 B.K.

(3.) Plaintiffs' case is that Saun Singh died on 18.10.1976 and as such the plaintiff are entitled to the possession of the land and defendants No. 1 to 8 have no right to continue in possession of the disputed land. The plaintiffs are the sons of Saun Singh. Defendants No. 9 Gurdial Kaur is the daughter of Saun Singh and defendant No. 10 is the widow of Saun Singh. During his life time, Saun Singh deceased also executed a will in the years 1975 in favour of the plaintiffs. For this reason, the defendants No. 9 and 10 have been impleaded as a party being a proper party in this suit. An application was presented by the plaintiffs before the Collector, Malerkotla for the possession of the land which was accepted on 16.2.1978. The amount was deposited before the Collector. The defendants No. 1 to 8 filed a suit against the order of Collector and also sought injunction from the Court. Defendants were requested to receive a sum of Rs. 210/- and to deliver the possession of the land in dispute but they have failed to do so; hence the suit.