KAMLA WATI Vs. CHAMAN LAL

JUDGEMENT

(1.) UNDER challenge is the judgment and decree dated 28.8.1999 passed by Shri M.R. Batra, the then Additional District Judge, Ludhiana whereby the appeal filed by appellant Kamla Wati against the judgment and decree dated 20.11.1998 passed by Shri Roshan Lal, the then Civil Judge (Junior Division), Ludhiana was dismissed.

(2.) THE facts of this case need to be noted in brief as under :- Chaman Lal respondent filed civil suit against Gurdev Kaur, respondent and Kamla Wati, appellant for separate possession by partition of plot measuring 0B-1-15-1/2B being 1/2 share of land measuring 0B-3B-11B out of Khasra No. 1252, Khata No. 318/563 as entered in the Jamabandi for the year 1950-51 situated in Dholewal, Ludhiana on the averments that he was the owner of the land in dispute. He had gifted 1/2 share thereof in favour of Gurdev Kaur, defendant No. 1 (now respondent No. 2) and continued to be in possession of the remaining 1/2 share as owner. He and defendant No. 1, in this manner, had become co-sharers to the extent of 1/2 share each. He was not interested to keep the suit land as joint and wanted to get his share partitioned. He, thus, prayed that a preliminary decree and final decree for separate possession by partition of the land measuring 0B-1B-15-1/2B being 1/2 share of the land measuring 0B-3B-11B be passed.

(3.) DEFENDANT No. 2 (now appellant) also filed separate written statement. She pleaded that the suit was mis-conceived and had been filed with mala fide intention in order to harass her illegally; that the claim had been based by the plaintiff on the Jamabandi for the year 1950-51 though the suit was filed in the year 1987-88 and that the suit was collusive between the plaintiff and defendant No. 1. She also pleaded that the land in dispute was purchased by the plaintiff vide sale deed dated 30.7.1949 from one Mansha Ram and that the plaintiff had then gifted said land vide gift deed dated 30.7.1949 registered on 22.8.1949 in favour of Smt. Gurdev Kaur, defendant No. 1. Subsequent to that, Gurdev Kaur, defendant No. 1 had sold the property in dispute along with her right in the property received by her vide gift deed dated 5.1.1959 in her favour and since then she was in peaceful, undisturbed and exclusive possession of the property in dispute. It was also averred that three sides of the plots were covered by the property of others and on the front side, a wall had been constructed by her and a door was fixed which was locked by her the key of which was with her. In the alternative, she pleaded that even if it was proved that she was not the owner of the property in dispute, then she had matured her title by way of adverse possession. It was also pleaded that the matter involved in the suit was exclusively triable by the revenue Court. Mutation No. 8224, was sanctioned in favour of defendant No. 1 and mutation No. 9453 was sanctioned in her favour.