KULWANT SING Vs. KHARAITI LAL

JUDGEMENT

(1.) THIS common judgment will govern the disposal of Regular Second Appeal No. 2332 of 1999 titled Kulwant Singh v. Khariti Lal and Regular Second Appeal No. 1866 of 1999 titled Kulwant Singh v. Gian Singh and others, as both these appeals have arisen out of same judgment and decree passed by the then Additional District Judge, Ambala. However, the necessary facts have been extracted from Regular Second Appeal No. 2332 of 1999.

(2.) KULWANT Singh plaintiff filed a civil suit against Gian Singh and others, defendants for a declaration to the effect that the sale deed dated 20.10.1987 registered on 23.10.1987 executed by defendant No. 1 in favour of defendant Nos. 2 to 4 regarding land measuring 13 Kanals 8 Marlas bearing Khewat/Khatauni No. 33 Min/53, Khasra Nos. 36//19/2, (5-8), 20(8-0) situated in village Kaunkpur was illegal, null and void and not binding on his rights as owner with consequential relief of permanent injunction restraining the defendants from interfering in his possession over that land forcibly except otherwise in due course of law.

(3.) DEFENDANT No. 1 contested the claim of the plaintiff and admitted in the written statement that he and the plaintiff had exchanged some land but alleged that the suit land was never exchanged. He was the exclusive owner of the same and he had sold the same to defendant Nos. 2 to 4 and now defendant Nos. 2 to 4 were in possession of the suit land as owners.