SWARAN SINGH & OTHERS Vs. TEHSILDAR

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second appeals bearing No.1163 and 1164 of 1991 arising out of the decision rendered in Civil Suit No.495 dated 12.12.1985 titled as "Swaran Singh & others Versus Tehsildar, Sultanpur Lodhi & others". The aforementioned suit was decreed by the trial Court vide judgment and decree dated 25.1.1989. Two Civil Appears bearing No.57 dated 3.3.1989 titled as "Gopal Singh Versus Tehsildar, Sultanpur Lodhi & others" and 59 dated 7.3.1989 titled as "Tehsildar, Sultanpur Lodhi & others Versus Swaran Singh & others" were filed. Both the appeals have been allowed. It is in this background, the aforementioned two Regular Second Appeals at the instance of the plaintiffs have been filed.

(2.) The plaintiffs instituted the suit claiming the following relief:-

(3.) It was stated that the plaintiffs purchased the land, detailed above, from Tarsem Singh son of Ujagar Singh and Ujagar Singh son of Sham Singh, both residents of Dudwindi, who were recorded as absolute owner in possession in the official revenue record for a sum of Rs. 40,000/- vide five registered sale deeds dated 6.6.1975 of Rs. 8,000/- each and had been in peaceful and continuous possession being bonafide purchasers for valuable consideration. It was averred that before purchasing the suit land, the plaintiffs had made reasonable and proper enquiries from the Village Patwari about the title of the vendors and after consultation, finding that the vendors were absolute owners, the aforementioned property was purchased. However, under the garb of orders dated 28.3.1985 and 23.12.1964 passed by the Chief Sales Commissioner, Kapurthala, the defendants attempted to alienate the suit property by allotting the same in favour of defendant No.5. The same was challenged by filing the civil suit on 12.12.1985. It was stated that the order passed by the Chief Sales Commissioner was illegal, null and void and without jurisdiction being not binding on the rights of the plaintiffs, with consequential relief restraining the defendants from dispossessing the plaintiffs.