SURJIT SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) Briefly stated facts of the case are that plaintiffs Avtar Singh, Gurmeet Singh, Tarlochan Singh, Sukhdev Singh sons and Pritam Kaur widow of Jaswant Singh, all residents of Village Kajauli, Tehsil and District Ropar had filed a suit against defendant Surjit Singh of their village, seeking a declaration that plaintiffs are owners in possession of land bearing khewat/khatoni No. 3/3, khasra No. 17//5/1 (3-11), 6/1 (2-0), 18//1/3 (8-12), 9(3-18), situated at village Kajauli, Tehsil and District Ropar. In addition to seeking declaration, they sought relief of permanent injunction, restraining the defendant from interfering into ownership into ownership and possession of plaintiffs over the suit land. In the alternative, plaintiffs sought relief of possession as owners of the said land.

(2.) As per version of plaintiffs, their predecessor-in-interest Sh. Jaswant Singh son of Sh. Dharm Singh, who expired on 28.08.2001 was reflected in the revenue record as owner in possession of the suit land, though, nature of the said property was joint Hindu family property and mutation regarding his estate was sanctioned in favour of the plaintiffs. Sh. Jaswant Singh had not exchanged the suit land with the defendant and had not parted with its possession. The defendant started proclaiming himself to be the owner of the suit land on the basis of one mutation of exchange bearing No. 577 of village Kajauli, which was sanctioned on the basis of alleged exchange deed dated 07.05.2001. According to the plaintiffs, Sh. Jaswant Singh had not delivered the possession of the suit land to the defendant and had not received any land from him in lieu of suit land. As a matter of fact, defendant is in possession of the land bearing khewat/khatoni No. 28/31, khasra No. 3//12/2, 18, 19/1, 19/2, 20/1 situated at village Kajauli as owner. That although, the possession of the suit land is with the plaintiffs, however, in case, the Court come to the conclusion that the plaintiffs were not in possession of the said land, then they be delivered possession thereof.

(3.) On getting notice of the suit, the defendant appeared and filed written statement, contesting the suit, raising preliminary objections to the effect that the suit was not maintainable and the plaintiffs were estopped by their own act and conduct from filing the present suit etc. On merits, the defendant admitted that Sh. Jaswant Singh was original owner of the suit land but denied that the nature of the suit land in his hand was joint Hindu family ancestral property. According to the defendant, since the suit land was self acquired property of Jaswant Singh, he had orally exchanged 13K-12M of that land with the defendant and memorandum of exchange was prepared on 07.05.2001. The property of defendant comprised in khewat/khatoni No. 28/31, khasra No. 13//12/2(6-13), 18(1-4), 19/1(3-6), 19/2(0-5), 20/1(2-0), total 13 K-8M and 0K-4M out of khara No. 17//26(0-19) bearing khasra/khatno No. 35/38 as entered in the jamabandi for the year 1996-97 was given to Jaswant Singh. Both these pieces of land are situated within jurisdiction of village Kajauli, H.B. No. 266, Tehsil and District Ropar. The memorandum of exchange dated 07.05.2001 was brought to the notice of the revenue authorities. It was acted upon and the parties had come into possession of their respective land; that after completion of the formalities including sanction of mutation, Sh. Jaswant Singh during his life time admitted the oral exchange to be correct and the electricity meter connections standing in the respective land were got changed by both the parties. After death of Jaswant Singh, the entire property belonging to him including the suit property has been mutated in the name of plaintiffs, vide mutation No. 583; that since, it was an oral exchange by way of delivery of possession, the memorandum of exchange was prepared on 07.05.2001.