DARSHAN SINGH S/O GIAN SINGH R/O VILLAGE BEGOWAL, TEHSIL BHOLATH, DISTRICT KAPURTHALA Vs. BALWINDER KAUR AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgement and decree dated 08.09.1998, rendered by the Court of Civil Judge (Senior Division), RSA No. 5942 of 2003 2 Kapurthala, vide which, it dismissed the suit of the plaintiff, and the judgement and decree dated 31.07.2003, rendered by the Court of Additional District Judge (Fast Track), Kapurthala, vide which, it dismissed the appeal.

(2.) The plaintiff claimed that the agreements to sell dated 26.06.1977 for 3 marlas of land by Sant Kaur and dated 21.04.1978, by Karam Singh, were executed in his favour. An agreement to sell dated 21.04.1978, in respect of 3 marlas of land was executed in favour of Gian Singh father of the plaintiff by Jaswant Kaur. The plaintiff came into possession of the property, in dispute, on the basis of the agreements aforesaid and raised construction thereon. It was stated that the defendants had no concern with the land, but tried to dispossess the plaintiff therefrom, forcibly. On their final refusal to desist from their illegal designs, left with no alternative, a suit for permanent injunction, was filed.

(3.) Inder Singh, defendant (since deceased) and represented by the legal representatives filed written statement, wherein, he took up various objections, and contested the suit. It was denied that the plaintiff, was in possession of the suit property. It was stated that rather he was in possession of the suit property, on the basis of sale deeds dated 07.01.1987, and 27.03.1996, vide which, he purchased the land, bearing khasra Nos. 317//22/0-2 and 317/9/0-3 respectively from Karam Singh son of Swaran Singh. It was further stated that the plaintiff, had no concern with the suit property. The remaining averments, were denied, being wrong.