HARJATINDERJIT SINGH DHILLON Vs. DALJIT KAUR

JUDGEMENT

(1.) By this judgment, I am disposing of two appeals, R.S.A. Nos. 152 and 153 of 1997, as both the appeals are directed against the judgment dated 20th December, 1994 passed by the learned Sub- Judge, Muktsar and the judgment dated 12th December, 1996 passed by the learned Additional District Judge, Faridkot.

(2.) Briefly stated, the facts of the case are that Daljit Kaur, Jasveer Singh (Minor), Sahij Kaur (minor) both through their grandmother Daljit Kaur (respondents Nos. 1 to 3 .in the present appeal) filed a suit bearing No. 74 of 1988 for possession, permanent injunction and mesne profits with regard to the land measuring 8 kanals 8 marlas situated in the revenue estate of Village Aspal, Muktsar. District Faridkot against Hariatinderjit Singh Dhiilon (appellant in R.S.A. No. 152 of 1997).Karanjit Singh (appellant in R.S.A. No. 153 of 1997) and Jasbir Kaur. Since no relief was claimed against Jasbir Kaur, she was made performa defendant as she was also one of the legal heirs of late Harpreet Singh. It was alleged by the plaintiffs that Harpreet Singh who was the son of plaintiff No. 1, namely, Daljit Kaur and father of plaintiffs Nos. 2 and 3, namely. Jasveer Singh and Sahij Kaur. was the owner of suit land and he expired, on 18th July, 1982. It was further alleged that defendant Harjatinderjit Singh Dhiilon took the possession of the suit land on 21st April, 1977 without any right and claimed that Harpreet Singh -deceased had entered into an agreement to sell the suit land alongwith' other land for Rs. 4 lacs measuring 179 kanals' 11 marlas owned by Adhar Kaur, sister of Harpreet Singh and Paryog Singh (brother of Harpreet Singh).

(3.) It is further alleged in the plaint that defendant Harjatinderjit Singh Dhiilon filed Civil Suit No. 22 dated 28.1.1981 against Harpreet Singh, his brother Paryog Singh and Satinder Singh on the basis of agreements dated 9.2.1974 and. 8:5.1980 in which the said defendant claimed that he had purchased the suit land on the basis of two sale deeds dated8.7.1980 and 10.7.1980 from deceased Harpreet Singh.