GURPAL SINGH SON OF LATE SHRI GANDA SINGH SON OF HARI SINGH AND BARINDER SINGH SON OF GURPAL SINGH Vs. BALJIT SINGH SON OF JAGJIT SINGH SON OF HARGOBIND SINGH AND ORS.

JUDGEMENT

(1.) This order of mine would dispose of RSA No.4130 of 2005, titled as Gurpal Singh v/s. Baljit Singh and Ors. and RSA No.286 of 2006, titled as Barinder Singh v/s. Baljit Singh and Ors., which have arisen from a common judgment and decree dated 29.10.2005, passed by the learned Additional District Judge, Bathinda, vide which he has upheld the judgment and decree of the trial court dated 15.10.2004 and dismissed the appeal of the appellants.

(2.) Before appreciating the facts, the Pedigree Table showing the relationship between the parties is drawn as under:

(3.) The relationship between the parties is not disputed. The facts of the case are also not disputed that the suit land was mortgaged by Ganda Singh with Baljit Singh plaintiff for a sum of Rs. 20,000/ -on 16.9.1971. Subsequently a sale -deed (Ex.D23) was executed on 30.3.1972, in favour of Baljit Singh plaintiff -respondent by Ganda Singh. According to the plaintiff, he is in possession of the suit property on the basis of registered mortgage -deed dated 16.9.1971 (Ex.P57) and sale -deed dated 30.3.1972 and admission made by Ganda Singh before the revenue authority. Ganda Singh has never challenged the validity of sale -deed during his life time. The revenue record after the execution of sale -deed in the form of jamabandi and khasra girdawari continued in favour of Baljit Singh till 1998 i.e. on the date of filing of the suit. The controversy arose between the parties after the death of Ganda Singh and his legal heirs wanted inheritance of the suit land in their favour by taking up the plea that the sale -deed executed by Ganda Singh in favour of Baljit Singh plaintiff was only a family settlement and a sham transaction and was without consideration. The appellants -defendants tried to take forcible possession of the suit property from the plaintiffs which necessitated him to file the suit for permanent injunction restraining the defendants -appellants from dispossessing him from the suit land, detailed in the head note of the plaint, illegally, forcibly and also restraining them from interfering in his peaceful possession.