PAL KAUR Vs. GULZAR SINGH

JUDGEMENT

(1.) The defendant has filed this Regular Second Appeal assailing the judgment of the learned Additional District Judge, Hoshiarpur, whereby, the learned lower Appellate Court has allowed the appeal of the plaintiff against the judgment of the trial Court dismissing his suit and decreed the suit of the plaintiff.

(2.) The plaintiff had filed the suit for mandatory injunction for directing the defendant to hand over vacant possession of land measuring four marlas as depicted in the site plan situated at Village Dihaina, Police Station Mahilpur, District Hoshiarpur and for restraining the defendant from alienating the said land.

(3.) It was the case of the plaintiff that Bhagat Singh @ Bhagtu was the owner of the plot in dispute bearing No. 38 measuring eight marlas situated within the abadi of Village Dihaina. The plot had been allotted to Bhagat Singh @ Bhagtu by the Rehabilitation Department vide allotment letter dated 27.08.1950. After his death, the plot was inherited by his legal heirs Daulat Ram and Sadhu Ram (sons) and Beant Kaur and Pesso (daughters) in equal shares. Daulat Ram and Beant Kaur had sold their respective shares of two marlas each to the plaintiff vide Registered sale deed dated 17.06.1994. Since then the plaintiff was in peaceful possession of the same as owner. All the legal heirs of Bhagat Singh @ Bhagtu had since died. The defendant was claiming herself to be the exclusive owner of the entire eight marla plot and threatening to dispossess the plaintiff from the said plot and sell the same to some third person. Hence, the suit.