HARDEV SINGH Vs. PREM PAL

JUDGEMENT

(1.) DEFENDANT No.1 is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for declaration filed by the plaintiff that he is owner in possession of the suit property measuring 3 marlas bearing Khasra No. 4346/1881 along with construction raised thereon, was decreed.

(2.) ONE Gurbachan Singh was the owner of the suit land. The plaintiff claims to have purchased the suit property from Amrik Singh; Surjit Singh and Avtar Singh vide sale deed dated 14.3.1996 for a consideration of Rs.80,000/-. The aforesaid Amrik Singh; Surjit Singh and Avtar Singh, purchased the property in dispute from Gurbachan Singh vide sale deed dated 20.1.1977. Gurbachan Singh died on 30.10.1987, leaving behind defendant No.1 Kaushalya Devi as his sole heir. As per the entries in the revenue record, the land in dispute continued in the name of Gurbachan Singh and after his death, in favour of his wife Kaushalya Devi. Kaushalya Devi executed sale deed in respect of the property in dispute in favour of defendant No.2 on 12.4.1996. Since the said defendant was claiming right over the suit property by virtue of the subsequent sale deed, the plaintiff filed the present suit for declaration, which has been decreed by both the Courts below.

(3.) THE plaintiff appeared as his own witness and produced copy of the sale deeds dated 20.1.1977 as Exhibit P.1 and 14.3.1996 as Exhibit P.2. The learned trial Court has found that factum of possession of Khasra numbers and boundaries also mentioned in the sale deed, which tally with each other.