BHAG SINGH Vs. GULAB KAUR

JUDGEMENT

(1.) Unsuccessful plaintiffs S/Shri Bhag Singh, Gurcharan Singh alias Charan Singh, Pritam Singh, Jaswant Singh alias Bant Singh, Hari Singh and Hardyal Singh, have filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 16.1.1980, passed by the Court of Additional District Judge, Patiala, who allowed the appeal of Smt. Gulab Kaur defendant and set aside the judgment and decree dated 29.9.1978, passed by the Court of Sub Judge, 1st Class, Nabha who decreed the suit of the aforesaid plaintiffs.

(2.) The brief facts of the case are that plaintiffs filed a suit for declaration that they are the owners and in possession of the Abadi land measuring 6 Biswas situated in village Kansuha Kalan bearing Khasra No. 459 as per copy of the Jamabandi for the year 1970-71 and for permanent injunction restraining the defendant Smt. Gulab Kaur from interfering with their possession in any manner or alienating the same to any person. The case set up by the plaintiffs in the trial Court was that one Mehma Singh son of Hardit Singh was the absolute owner of the Abadi land measuring 6 biswas bearing Khewat/Khatauni No. 6-30 and Khasra No. 459, situated in village Kansuha Kalan and on 25.10.2015, B.K. He sold one biswa for a sum of Rs. 99/- each, to each of the plaintiffs and executed a private sale deed written in the Bahi in the presence of the witnesses and delivered actual possession of the suit land to them. Since then the plaintiffs are in continuous occupation thereof. It is further pleaded that besides this, the plaintiffs have become absolute owners of the site in dispute by way of adverse possession and defendant Smt. Gulab Kaur had no right therein. After the death of Mehma Singh, which took place about one year back, before the institution of the suit, defendant Smt. Gulab Kaur got the mutation in respect of the suit land mutated in her favour besides other property of the deceased intentionally though the plaintiffs were the owners and in possession. It is Alleged by the plaintiffs that they came to know about the act on the part of the defendant on 24.3.1975 when they obtained the copy of the Jamabandi from the Patwari. The defendant was asked to admit the title of the plaintiffs and not to alienate the suit property but to no effect. Hence the suit which was instituted on 29.3.1975 for declaration and injunction.

(3.) Notice of the suit was given to the defendant who admitted that her father Mehma Singh was the owner of the suit property. She denied that her father sold out the suit land to the plaintiffs or executed any writing in this behalf. The defendant also raised some legal objections; that suit was not within time, that plaintiffs had no locus standi to file the suit and that the suit was not maintainable in the present form.