AMRIK SINGH Vs. DEVO & OTHERS

JUDGEMENT

(1.) This Appeal has been preferred against the impugned Judgment and Decree passed by the Ld. Addl. District Judge, Hoshiarpur in Civil Appeal No.38 of 15/12/2009 dtd. 10/5/2012, vide which the original Judgment and Decree passed by the Ld. Addl. Civil Judge (Senior Division) Garhshankar in Civil Suit No.334 of 2000 dtd. 17/11/2009 in favour of the Plaintiff was upheld.

(2.) The suit was filed by deceased Ram Kaur mother of present Respondent No.l, for a declaration that she was the sole exclusive owner and in possession of the land measuring 1 Kanal 1 Maria, bearing Khata Nos. 129/292, 293 bearing Khasra No.6//2/3 min (0-18), 6//2/3 (min) (0-3) vide Jamabandi for the year 1996-97, situated in the area of village Sekhowal, and that the entries in the revenue record drawn up in the name of the original Defendants were wrong, illegal, unlawful, null and void ab-initio, without any base, with a further prayer for permanent injunction to restrain the Defendants from interfering in her peaceful possession of the said lands. Her case was that the disputed lands were allotted to her during the Consolidation Proceedings in lieu of her previous Khasra numbers, after which she became absolute owner and entered into possession of the suit land along with her other lands, and that the Defendants who were headstrong persons, had threatened and attempted to dispossess her from the lands by relying upon the erroneous entries regarding cultivation drawn up in their names.

(3.) The suit was contested on behalf of the original Defendants Charan Singh and Swaran Singh, who in their Written Statement, while admitting that the Plaintiff had indeed been allotted and delivered possession of the disputed suit lands, nevertheless contended that they had become its owners on account of an oral sale of the same by the Plaintiff in their favour, which was effected on 14/6/1978 for a consideration price of Rs.2000.00, and that the Plaintiff had delivered possession of the lands to them with the assurance that she would execute such Sale Deed whenever required by the Defendants. It was their further case that on the date of Sangrand in the month of Jeth 1987, they sold a portion of the suit land measuring 3 Marias to original Defendant No.8 Bakhshish Singh by way of similar oral transaction for a consideration of Rs.500.00, after which the said Defendant started using the aforesaid land in question for the purpose of ingress and out gress from his own previously owned land. These averments which were made in the Written Statement filed on behalf of the Defendants, were denied and rebutted by the Plaintiff in her Replication.