LT. COLONEL GUGAN SINGH YADAV Vs. JAGMAL SINGH

JUDGEMENT

(1.) The instant regular second appeal has been filed against the judgment and decree dated 01.11.2013 passed by the first Appellate Court whereby, the appeal filed by the appellant-plaintiff (hereinafter referred to as 'the appellant') against the judgment and decree dated 31.07.2013 passed by the lower court, dismissing the suit of the appellant, has been dismissed.

(2.) In brief, the facts of the case are that the appellant herein filed a civil suit alleging therein that he had purchased the suit land measuring 1 kanal 4 marla situated within the revenue estate of village Zinabad from Ghisa Ram for a sale consideration of Rs.2900/- on 10.09.1971. It was submitted that Ghisa Ram inherited the suit land from his ancestors and being exclusive owner in possession, executed the sale deed of the suit land on 10.09.1971 and also delivered the possession in favour of the appellant on the spot in the presence of witnesses. It was pleaded that vendor Ghisa Ram was bachelor and died intestate in the year 1974. It was further submitted that after his retirement, the appellant organized the foundation laying ceremony for the construction of Dharamshala on 12.01.1992 and thereafter started collecting construction material. It was alleged that on 07.09.1992, the respondents with the mala fide intention entered into the premises by opening the gate and threatened the appellant with dire consequences. Thereafter, the suit land was illegally sold to respondent-Sunil Kumar vide sale deed dated 19.06.2000 and on the basis of said sale deed, mutation was also sanctioned in favour of said Sunil Kumar. It was claimed that said sale deed dated 19.06.2000 and the subsequent mutation entered in favour of respondent-Sunil Kumar is not binding upon the appellant.

(3.) Upon notice, respondents No.18 to 20 appeared and contested the suit of the appellant, while submitting that the appellant had no right, title or interest in the suit property. It was pleaded that Ghisa Ram was issueless and after his death, the suit land was inherited by his successors namely Hira and others and mutation No.727 dated 28.12.1980 was also sanctioned in their favour. Thereafter, said Hira and others sold the suit land to respondent-Sunil Kumar vide registered sale deed dated 19.06.2000 and subsequently, in this regard, mutation No.1355 dated 29.09.2000 was sanctioned in favour of said Sunil Kumar. After that, the suit land was transferred in favour of respondents No.18 to 20 vide sale deed dated 19. 02.2001 and mutation to this effect has also been sanctioned in their favour. It was submitted that respondents No.18 to 20 are recorded owners in possession of the suit land as per jamabandi for the year 2004-05. Remaining averments of the plaint were denied.