BACHAN KAUR Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) Jai Kaur mother of respondents Nos. 1 to 4 fled a suit against the appellant and respondent Gurnam Singh, for declaration to the effect that she is the owner in possession of 5 marlas of land out of one kanal plot situated in village Doda, District Faridkot and that the decree dated 22.5.1986 obtained by the defendant, Bachan Kaur in a suit titled as "Bachan Kaur v. Jai Kaur" decided by Subordinate Judge Ist Class, Giddarbaha is void, ineffective and not binding upon her rights. During the pendency of the suit, the plaintiff was dispossessed from the property in dispute and therefore, by way of amendment of plaint, she also prayed for a relief of possession of the property.

(2.) Suit was contested by the defendants by filing written statement. It was stated that defendant No. 1 is in exclusive possession of the suit land as owner, the decree dated 22.5.1984 which was the subject matter of challenge in the suit, was incorporated in the revenue records and a mutation in that behalf had already been sanctioned in her favour. Stand of defendant No. 2 in the written statement was that the plaintiff had executed one more agreement to exchange the land agreeing to give 16 marlas of land to the defendant in lieu of land measuring 5 marlas already agreed to be sold by her vide earlier agreement to sell dated 15.1.985. Previous agreement was superseded and thus having come to know that the plaintiff was no more the owner of the land measuring 16 kanals, the answering defendant was well within his right to take back the possession of the land situated at Faridkot.

(3.) On the rival pleadings of the parties, the following issues were framed :-