BELA SINGH AND ANOTHER Vs. RENU GARG

JUDGEMENT

(1.) Plaintiff filed a suit for permanent injunction. The said suit of the plaintiff was dismissed by the Civil Judge (Junior Division) Patiala vide judgment and decree dated 7.11.2003. Aggrieved by the same, plaintiff preferred an appeal and the same was allowed and the judgment and decree of the trial Court were set aside by the Additional District Judge, Patiala vide judgment and decree dated 20.3.2004. Hence, the present appeal by the defendants. The case of the parties, as noticed by the learned District Judge, in paras 1 to 4 of its judgment reads as under:- " 1.A simple suit for permanent injunction with regard to plot measuring 170'x53'-6" comprised in Khewat No.633/1 Kahtauni No.1455/1. Khasra No.1794/729(1-0) situated on Bhadson road, Patiala has been filed by plaintiff Renu Garg (now appellant) seeking the relief of permanent injunction restraining the defendants (now respondents) from interfering in her title and possession over the disputed property, which she has attained as per registered sale deed dated 11.7.1980. The contention of the plaintiff is that after purchasing the plot a boundary wall of 5' has been constructed. She has installed two gates towards northern and southern side and is in peaceful and exclusive possession of the suit property. The defendants were strangers with regard to the title and possession of the suit property and are trying to dispossess the plaintiff.

(2.) In the written statement defendants Bela Singh etc. raised the plea that he has contributed Rs.10,000/- i.e. half of the sale consideration at the time of the sale deed deed 11.7.1978. The father-in-law of the plaintiff namely Brij Lal was on dealing terms with the defendant No.1 for the last 20 years and there was understanding between the father-in-law of the plaintiff and the defendant Bela Singh, to this effect that half of the plot shall be owned by the plaintiff and the remaining half by defendant Bela Singh. He has claimed the possession over half of the plot on right hand side, where he has raised boundary wall and constructed on room beside installing hand pump. The possession of the defendant is over half of the plot and is well known to the persons of the locality and the plaintiff has concealed the material facts in this regard. Sale deed dated 11.7.1988 was executed by Rajinder Kumar and he received half of the sale consideration from Bela Singh defendant and handed over the possession of half of the plot to the defendant. The plaintiff entered into a compromise to sell the plot to Rajinder Singh son of Nand Singh etc. vide agreement executed in the month of April 2001 and with the police help, she tried to take the possession of the plot of the defendants. The matter was enquired into by the police.

(3.) The defendant has also filed a counter-claim seeking declaration to the effect that he is owner in possession of half of the plot in dispute with the plea that half of the sale consideration was paid by him at the time of the execution of the sale deed dated 11.7.1988.