SARMANPREET SINGH Vs. GURVINDER SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Sarmanpreet Singh and Sukhraj Bahadur Singh, both sons of Sh. Gurbax Singh, residents of village Ghukewali, Tehsil Ajnala, District Amritsar, had brought a suit under Sec. 45 of the Punjab Land Revenue Act, against defendant Gurvinder Singh, seeking a declaration that entry in the name of defendant No.1 in the jamabandi for the year 2003-04 in respect of suit property measuring 7 kanal 17 marla, situated in village Sansra, Tehsil Ajnala, District Amritsar, was illegal and liable to be corrected, besides craving for relief of permanent injunction, restraining defendant No.1, from dispossessing plaintiffs, forcibly and illegally.

(2.) Originally, in the said suit, the plaintiffs had arrayed S/Sh. Narinder Singh, Palwinder Singh and Lehna Singh sons of Balbir Singh, residents of village Ghukewali, Tehsil Ajnala, District Amritsar, also as respondents. Subsequently, the suit against said respondents was dismissed as withdrawn.

(3.) As per case of the plaintiffs, they had purchased the suit land measuring 7 kanal 17 marla from Lehan Singh son of Balbir Singh, vide registered sale deed dtd. 10/2/2000, for a sum of Rs.1,47,500.00; that joint possession of the said property was delivered by the vendor to the plaintiffs at the time of execution and registration of the sale deed and the plaintiffs are in possession as such since then. However, in the jamabandi for the year 2003-04, name of defendant No.1 was wrongly mentioned in column No.5 of jamabandi as 'Gair Marusi'. The same is contrary to the factual position, since plaintiffs are in continuous possession of the suit property. According to the plaintiffs, they called upon the defendants to admit their claim, but to no effect, giving rise to a cause of action to the plaintiffs to bring the suit in question.