JAGIR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) The appellant herein seeks to challenge the judgment and decree dated 18.2.2016 passed by the Additional Civil Judge (Senior Division), Nakodar as well as judgment and decree dated 25.5.2017 passed by the first Appellate Authority, whereby the suit of the appellant/plaintiff stands dismissed.

(2.) In brief, the facts are that the plaintiff/appellant herein filed a suit for declaration to the effect that he is owner in possession of the land measuring 12 kanals situated in the area of Village Badli, as detailed in the head note of the plaint, while seeking to challenge Mutation No. 360 and also seeking consequential relief of permanent injunction restraining the defendants/respondents herein from alienating the suit land with alternative prayer for joint possession of the aforesaid land. The appellant set out a case that previously his father Massa Singh was owner in possession of the suit land and he died about 35 years ago leaving him behind as the only legal heir. Said Massa Singh sold some other property to Dalip Singh, Chanan Singh, Didar Singh, Arjan Singh, Atma Singh, Bachan Singh, Hazara Singh, vide sale deed dated 1.6.1963, which was registered in the office of Sub Registrar, Nakodar on 4.6.1963. It was alleged that Massa Singh, father of the appellant, did not sell the suit property to respondents or any one else. However, respondents had succeeded in getting Mutation no. 360 entered in their favour in connivance with the revenue authorities. Since the respondents were threatening to take possession of the suit land on the basis of the entries in the revenue record, the appellant was constrained to file the instant suit.

(3.) The suit was contested and written statement was filed controverting the claim of the appellant. A replication was filed and on the basis of the pleadings of the parties, issues were framed. The parties led evidence in support of their respective claims. In order to prove his case, the appellant relied on several jamabandies and Khasra girdawari showing his father Massa Singh to be owner in possession of the land in dispute, whereas the respondents sought to rely upon the sale deed and a certified copy of the order passed in Civil Suit No. 270/64 filed by the appellant titled as 'Jagir Singh Vs. Dalip Singh and others', decided on 18.11.1964, to argue that earlier too the appellant had filed a suit for pre-emption against the vendees in the year 1964 in which a compromise had been effected between the parties and Jagir Singh--appellant had withdrawn the suit. It is also submitted that another suit was filed which was dismissed as withdrawn with liberty to file a fresh one, subject to payment of Rs.1,000/-. As costs were not made the suit is not maintainable.