MEHMA SINGH Vs. BHAGWANT KAUR AND OTHERS

JUDGEMENT

(1.) By this single judgment, I will dispose of abovenoted two connected Regular Second Appeals i.e. RSA-2674-2008 and RSA-2889-2008, filed against judgment dated 9.5.2008, passed by learned Additional District Judge, Rupnagar, vide which while disposing of two connected appeals, arising out of same judgment and decree dated 6.9.2004, passed by learned Civil Judge (Junior Division), Kharar, in two consolidated suits, titled as Charan Singh Versus Mehma Singh and others and Mehma Singh Versus Charan Singh, was set aside and suit filed by Charan Singh through his LRs was decreed. Civil Suit No. 310, filed by Mehma Singh against Charan Singh was dismissed and the suit filed by Charan Singh against Mehma Singh i.e. Civil Suit No. 327, was decreed and following decree was passed :-

(2.) Brief facts of the case as made out from both the cases are that Puran Singh, was original owner of bara No. 118, measuring 5 marlas. In his Civil Suit No. 327 dated 8.9.1997, filed by Charan Singh, it was stated that he is only son of Puran Singh. Puran Singh and Charan Singh were residing together. Puran Singh left behind plaintiff Charan Singh and four daughters, namely, Inder Kaur, Jeeto, Angrej Kaur and Pushpinder Kaur. All the daughters are married. Puran Singh had executed a Will dated 3.1.1969 in favour of plaintiff. Puran Singh died on 6.3.1969. Plaintiff constructed a house not on bara No. 117, but on bara No. 118 also during lifetime of Puran Singh. There is a boundary wall on bara No. 117 and 118. Plaintiff did not approach revenue authorities for mutation. He was having litigation with Mehma Singh (defendant) since 1976, who in connivance with sisters Angrej Kaur and Pushpinder Kaur had purchased 2 marlas from them, vide sale deed dated 29.7.1997 for Rs. 41500/-. Charan Singh has filed a suit for declaration that said sale deed is null and void and plaintiff be declared sole owner in possession after death of Puran Singh on the basis of Will dated 3.1.1969. He further claimed that he is in adverse possession of said bara for last 12 years and has become owner of bara No. 118. It was further claimed that plaintiff has got preferential rights over said bara No. 118. It was claimed that only Rs. 20000/- were paid and exaggerated amount of Rs. 41500/- was mentioned in the sale deed. Plaintiff Charan Singh is ready to pay the said amount.

(3.) The suit was contested by defendant Mehma Singh etc. on the ground that bara No. 118 was alloted to Jatti, father of Puran Singh during consolidation being agricultural labourer and was being used as subservient to agriculture. The Will dated 1.1969 was denied and it is stated that same has not seen the light of day till filing of suit. The sisters of plaintiff are co-sharers and were in joint possession. He stated that he has purchased 2 marlas out of bara No. 118 from defendants No. 7 and 8 i.e. Angrej Kaur and Pushpinder Kaur for Rs. 41500/-, vide sale deed dated 29.7.1997 and is in joint possession as co owner.