TEJBIR SINGH Vs. DARSHAN KUMAR

JUDGEMENT

(1.) THE defendant/appellant by way of this regular second appeal impugned the judgments and decree dated 9.12.1985 and 15.2.1989 passed by the learned courts below vide which suit for permanent injunction restraining the defendant from illegally and forcibly interfering in possession of the plaintiffs as owners of land measuring 48 kanals 15 marlas situated at Batala stands decreed.

(2.) THE plaintiff/respondents brought a suit on the pleadings that the land in dispute was owned and possessed by Pardeep Singh, Sandeep Singh sons of Kuldip Singh. The owners of the land sold the land in dispute through their attorney Smt.Savitri Devi for a sum of Rs. 32,700/- on the basis of registered sale deed dated 31.12.1976 and delivered the possession of the land to the plaintiffs.

(3.) ON notice, suit was contested by the defendant by asserting that the land measuring 60 kanals 1 marla situated in the revenue estate of village Batala West as per jamabandi for the year 1945-46 was owned and possessed by Pardeep Singh and Sandeep Singh who validly sold and delivered possession of the same in favour of the defendant/appellant on 25.9.1961. The land in dispute was said to have been allotted in lieu of the aforesaid land measuring 60 kanals 1 marla during consolidation and settlement proceedings and as such the defendant claimed to be owner in possession of the suit land. The defendant- appellant claimed that due to ipse-dixit of the revenue and consolidation officials concerned and inadvertence the mutation of the aforesaid land was not entered and sanctioned in favour of the defendant-appellant who, however, remained owner in possession thereof till consolidation and after the consolidation proceedings became owner in possession of the suit land.