SARABJIT KAUR Vs. HARDEEP SINGH AND ORS.

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the Courts whereby suit filed by respondents/plaintiffs Hardeep Singh and another for correction of revenue entries qua share of the plaintiffs in respect of land measuring 72 kanal, detailed in head note of the plaint on the basis of compromise decree dtd. 21/5/1990 passed by the District Judge, Sangrur and challenge to sale made by defendants No. 4 and 5 to Smt. Sarabjit Kaur - defendant No. 6/appellant on 22/6/2011 with relief of permanent injunction restraining defendants No. 4 and 5 not to alienate more than 1 kanal 5 marla out of land measuring 72 kanal as per jamabandi for the year 2005-06 was decreed by the trial Court vide judgment and decree dtd. 15/1/2016 that came to be affirmed in appeal by the Additional District Judge, Sangrur on 4/5/2017 as the appeal preferred by defendant No. 6/appellant did not find favour with the appellate Court.

(2.) Counsel for the appellant would urge that as respondents/ plaintiffs filed a simpliciter suit for declaration without claiming relief of possession which was delivered to Smt. Sarabjit Kaur by her vendors, the suit is hit by proviso appended to Sec. 34 of the Specific Relief Act, 1963. Another submission made by counsel is that entries in the revenue record were made since 1996-97 onwards but sought to be corrected by instituting a suit on 12/6/2010, therefore, suit filed by the respondents/plaintiffs is barred by limitation.

(3.) I have heard counsel for the appellant and perused the paper book particularly the judgments impugned.