SURINDER KAUR Vs. BEANT SINGH

JUDGEMENT

(1.) Shortly stated the facts of the case are that plaintiff Beant Singh, a resident of village Gharam, Tehsil and District Patiala had brought a suit against the defendants Smt. Surinder Kaur and her husband Pritam Singh of the same village seeking a declaration that sale deed dated 21.7.1988 in respect of suit land is illegal null and void and is result of fraud and that plaintiff is entitled to possession of the suit land measuring 22 Kanal 13 Marlas situated at Village Gharam, Tehsil and District Patiala. The plaintiff further sought relief of permanent injunction restraining defendant No. 1 from alienating the suit land in any manner.

(2.) As per version of the plaintiff he is owner in possession of the suit land as per entries in the Jamabandi for the year 1983-84. Some time before filing of the suit he came to know that defendants in connivance with each other had manipulated sale deed purported to have been executed by the plaintiff in favour of defendant No. l and mutation was got sanctioned on the basis of said sale deed. According to the plaintiff he neither executed any such sale deed nor got it registered by appearing before Sub Registrar, Dudhan Sadhan. The defendants have manipulated the same by misrepresentation and playing fraud and have illegally entered into possession of the suit land and then Defendant No. 1 threatened to alienate such land further giving rise to a cause of action to the plaintiff to bring the suit in question.

(3.) On notice the defendants appeared and filed a joint written statement contesting the suit. According to them, plaintiff himself had executed the sale deed and got it registered by putting in appearance before Sub- Registrar, Dudhan Sadha. The plaintiff executed agreement to sell on 4.6.1985 in the presence of Gurdip Singh, Ex-Sarpanch and Hakam Singh. He had delivered possession of the suit land and Halqa Patwari had made report in that regard. The original sale deed had been misplaced. Defendant No. 1 had paid the loan amount on assurance of the plaintiff and got the land redeemed from Punjab Land and Mortgage Bank. The sale deed was for consideration, therefore, the suit deserves to be dismissed.