SADHU SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the courts whereby suit for declaration and joint possession filed by the plaintiffs-appellant was dismissed by the trial court vide judgment and decree dated 31.8.2005 that came to be affirmed in appeal by the Additional District Judge, Kapurthala, vide judgment and decree dated 5.5.2010.

(2.) The plaintiffs including appellant have claimed themselves to be successors in interest of Ms. Jagjit Kaur who died on 27.1.1982 and said Jagjit Kaur was one of the daughters of Sh. Basawa Singh who died on 23.4.1964. It is averred that Basawa Singh left behind his widow Ishar Kaur, two sons namely Kartar Singh and Harnam Singh and four daughters Harbans Kaur, Pritam Kaur, Charanjit Kaur and Jagjit Kaur. Jagjit Kaur was married to Sadhu Singh plaintiff No. 1 and out of their wedlock, Rupinder Kaur and Sukhjinder Singh, plaintiffs No. 2 and 3 respectively were born. Defendant No. 1 got sanctioned mutation No. 954 on 31.8.1990 regarding inheritance of Basawa Singh, claiming himself to be attorney of defendants 1 of 8 No. 2 to 6. No notice was given to the plaintiffs qua sanction of mutation. Bachan Singh and Tara Singh Lambardars who attested the mutation do not belong to village Bahaui where suit land is situated. They conspired with defendants No. 1 to 6 for sanction of mutation at the back of plaintiffs. The plaintiffs came to know about the same in second half of 1998 when they secured copies of documents. Defendant No. 1 claiming attorney of defendants No. 2 to 6 in terms of power of attorney dated 23.5.1985 executed at Gawalior (Madhya Pradesh) and dated 10.6.1986 registered with Sub Registrar, Abohar District Fazilka executed sale deed dated 31.3.1987 of 217/2058 share (8 kanal-5 marlas) in favour of Chaman Lal and others. He executed another sale deed dated 30.5.1991 as an attorney of defendants No. 2 to 6. The plaintiffs have no concern with the sale deeds qua shares of other co-sharers in suit land. Chaman Lal one of the purchasers under sale deed dated 31.3.1987 has died and is survived by defendants No. 16 to 22. Defendants No. 23 and 24 had purchased the suit land from defendants No. 16 to 20. The land purchased by Mukhtiar Singh and Joginder Singh vide sale deed dated 31.3.1987 has further been sold to defendant No. 21, hence the suit.

(3.) The trial court framed issues, reproduced in para 5 of the judgment of said court. The evidence adduced by the parties finds reference in para 6 thereof. The trial court negated plea of the plaintiffs-appellant that Jagjit Kaur was the daughter of Basawa Singh and entitle to 1/6th share in suit land, admittedly left behind by Basawa Singh, on the basis of natural succession and consequently challenge to sales in respect of land in question to the extent of share of Jagjit Kaur was rejected and the suit was dismissed.