AMAR NATH Vs. VIJAY KUMAR

JUDGEMENT

(1.) The instant Regular Second Appeal has been filed by the appellants against the judgment and decree dated 22.4.2009 passed by the Additional District Judge, Barnala, vide which the judgment and decree dated 16.10.2008 passed by the trial court dismissing the civil suit filed by the plaintiff/appellants herein for declaration was upheld.

(2.) The facts, in brief, are that the plaintiffs/appellants herein filed a suit for declaration to the effect that they are owners in possession of the suit land to the extent described in the head note of the plaint. It was pleaded that Kundan Lal, predecessor of respondents 1 to 3 was the owner of the suit land to the extent of 1/3rd share i.e. measuring 65 kanals 3 marlas (earlier the land was 38 bighas 3 biswas but after consolidation, it is 65 kanals 3 marlas). The said Kundan Lal was having 1/3 rd share in the suit property and he had sold the said property to the predecessors of respondents 4 to 15, vide sale deed dated 22.11.1958.

(3.) The predecessors of appellants i.e. Budh Ram and Jeona Ram filed a suit on the basis of pre-emption with regard to the transaction dated 22.11.1958 and the suit was decreed on 14.4.1960 with the condition that the parties would pay to the defendants a sum of Rs.4000/-. Thereafter, Jeona Ram and Budh Ram, after paying the conditional amount filed an execution application on the basis of the above said decree. In the execution, possession was handed over to the said Jeona Ram and Budh Ram and receipt dated 1.6.1990 was also executed in this regard. The execution application was withdrawn as fully satisfied. However, inadvertently, the entries in the name of Kundan Lal was not deleted; nor the land was got mutated in favour of the predecessors of the appellants. Taking advantage of the entry in the name of Kundan Lal and the sale deed dated 22.11.1958, respondents 1 to 3 started interfering into the peaceful possession of the property in dispute, which was in possession of the appellants on the basis of the decree dated 14.4.1960. Therefore, under the compelling circumstances, the instant suit for declaration was filed.