GURCHARAN SINGH Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts below whereby suit filed by Gurcharan Singh - appellant (since deceased) represented by Smt. Sukhwinder Kaur, his wife was dismissed by the trial Court vide judgment and decree dated 05.01.2015 and the appeal preferred by the unsuccessful plaintiff did not find favour with the Additional District Judge, Ludhiana.

(2.) Gurcharan Singh sought declaration and permanent injunction by claiming himself to be exclusive owner in possession of property No.BXI-372 old and B-XII 590 new measuring 792 square yards depicted in the site plan, situated at Jail Road, Ludhiana on the basis of agreement of exchange dated 11.09.1984 with the averments that defendants have no right, title or interest in the said property. He also challenged decree passed in the civil suit No. 216 dated 09.06.1987 in favour of defendants No. 2 to 4 being illegal, null and void and the result of fraud and misrepresentation, thus, not binding upon right of the plaintiff. Further challenge has been directed against sale deed dated 22.08.1991 executed by deceased Lachhman Kaur wife of Sh. Kala Singh in favour of defendants No. 2 and 3 bearing vasika No. 10628 and 10751 in respect of part of the suit property measuring 370 square yards each.

(3.) It is averred that on 11.09.1984, Smt. Lachhman Kaur exchanged property measuring 792 square yards (hereinafter to be referred as the suit property) with the plaintiff in lieu of land measuring 2500 square yards comprised in khasra No. 4389/1271, 4390/1271, Hadbast No. 172 situated at village Taraf Saidan, New Shiva Ji Nagar Ludhiana vide agreement of exchange dated 11.09.1984. Possession of land measuring 2500 square yards was given by the plaintiff to Smt. Lachhman Kaur as owner in exchange whereof, physical actual possession of portion measuring 400 square yards out of 792 square yards of suit property was given by Smt. Lachhman Kaur to the plaintiff as owner. The plaintiff was already residing in the said portion with his family and remaining portion of 10 shops was in occupation of tenants. It was further agreed that Smt. Lachhman Kaur and her husband would be entitled to realize rent of 10 shops till their lifetime. Kala Singh and Smt. Lachhman Kaur died on 25.05.1991 and 19.12.1998, respectively. After death of Smt. Lachhman Kaur, plaintiff was admitted by tenants as their landlord of the shops which are in occupation of defendants No. 7 to 16.