SURJIT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of four Regular Second Appeals bearing R.S.A. Nos. 2280, 2281, 2282 and 2283 of 2006. These appeals are arising from four different suits filed by both the parties pertaining to the same property claiming cross relief against each other.

(2.) IN this case, Harbhajan Singh (hereinafter referred to as 'the defendant') sold 56 kanals of land being a co-sharer in the joint land to Mohinder Singh vide registered sale deed dated 3.11.2003 for a consideration of Rs. 42,00,000/-. Out of the said amount, a sum of Rs. 34,00,000/- was paid by means of bank drafts and cheques which stood credited to the account of the defendant and the remaining amount of Rs. 8,00,000/- was paid to the defendant in cash before the Sub Registrar at the time of execution of the sale deed. The physical possession of 56 kanals of land, which was with defendant Harbhajan Singh under an arrangement with other co-sharers, was delivered to Mohinder Singh. Surjit Singh son of Harbhajan Singh (hereinafter referred to as 'the second defendant') was the co-sharer in the joint khewat. However, defendant Harbhajan Singh sold 56 kanals of land to the extent of its half share in the khewat. Undisputedly, the sale by Harbhajan Singh was not beyond his share in the joint khewat. After the sale, a mutation was also sanctioned in favour of plaintiff Mohinder Singh.

(3.) THOUGH all the four suits were tried in the same court, but were decided vide separate judgments. The suits filed by Surjit Singh, Harbhajan Singh and his wife Surinder Kaur were dismissed by the trial court and the suits filed by Mohinder Singh against Harbhajan Singh and his son Surjit Singh, and against Harbhajan Singh and his wife Surinder Kaur, were decreed. The four appeals filed against the judgment and decree of the trial Court by Surjit Singh, Harbhajan Singh and Surinder Kaur have also been dismissed by the first Appellate Court. Against the judgment and decree passed by the courts below in these four suits, the instant four Regular Second Appeals have been filed.