GOBIND SARAN SINGH Vs. RAJ KAUR

JUDGEMENT

(1.) Present regular second appeal is directed against the concurrent finding of fact whereby suit of the respondent-plaintiff for possession had been decreed by the trial Court and appeal preferred by the appellants defendants has been dismissed by the Lower Appellate Court.

(2.) Plaintiff - Smt. Raj Kaur instituted a suit for possession of land measuring 143 sq. yards - length: 29'-7" and width 43'-6", North : Private passage 12' wide, South: Shivala Bhagat Ram, East: property belonging to the plaintiff and private lane of the plaintiff, West: property of Gobind Singh Sant Parkash being part of khasra nos. 508-510/3 situated at Kucha Sunder Singh, Karkhana Bazar, Amritsar with mandatory injunction directing defendants no. 1 to 10 to remove buildings and structure after demolishing the same. It was alleged that Puran Singh, husband of the plaintiff, died in the year 1959. It was further alleged that one Bawa Sunder Singh had two sons, namely, Makhan Singh and Jawala Singh. Makhan Singh had two sons i.e. Jagat Singh (defendant no.16) and Mohinder Singh (defendant No. 17), whereas Jawala Singh had one son, namely, Puran Singh. Said Puran Singh had one widow, namely, Raj Kaur (plaintiff), one son and four daughters. Puran Singh sold one piece of land having well and 4 kothries total measuring 1253 sq. yards, a part of property bearing Khana Shumari No. 508-510/3 as per registered sale deed dtd. 16/2/1932 to Alla Singh, father of defendants no. 1 to 5. The property was part of the property which Bawa Sunder Singh purchased i.e. one house, pucca-kucha built including wood, sand, trees, open land, garden, shops etc. along with one chobara, tavela, another chobara and tavela pucca built, stair case, bearing no. 303 to 310 situated in Bazar Karkhana, Katra Jallianwala, Amritsar which he purchased vide sale deed dtd. 8/6/1883. One-half of property purchased by Bawa Sunder Singh was in possession of Puran Singh at the time of sale in favour of Alla Singh and the remaining property in possession of Puran Singh and on his demise its possession came with the plaintiff till 1978 when she was illegally dispossessed in July 1978. It was further alleged that defendants no.1 to 5 forcibly and illegally dispossessed the plaintiff of land 143 square yards of land shown red in the plan attached with the plaint. This land is part of property which Bawa Sunder Singh as per sale deed dtd. 8/6/1983 purchased. Defendants no. 6 to 10 claim to be transferees from defendants no. 1 to 5. In such manner, the sale deeds were challenged. Defendants no. 16 and 17 were impleaded as they were the relatives of one of the branch.

(3.) Defendants no.1 to 5 opposed the suit and filed a joint written statement by taking various preliminary objections qua maintainability, limitation, applicability provisions of Order 2 Rule 2 CPC as the previous suit instituted by the plaintiff was already dismissed vide order dtd. 27/1/1981. The sale by Puran Singh to Alla Singh was admitted and the alleged dispossession was emphatically denied. It was clarified that one Hira Shah along with other land of Alla Singh had taken illegal possession and a decree for possession was obtained by defendants no. 1 to 5. Defendants raised constructions, but the plaintiff did not raise any objection, the sale deeds executed in favour of appellants/defendants no. 6 to 10 was genuine in accordance with law.