High Court Punjab-Haryana High Court

Rajinder Parkash And Others vs Sulakhan Singh And Another on 18 August, 2009

Punjab-Haryana High Court
Rajinder Parkash And Others vs Sulakhan Singh And Another on 18 August, 2009
Regular Second Appeal No. 3030 of 2009                                         1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

                                R.S.A. No. 3030 of 2009
                                Date of Decision: August 18, 2009




Rajinder Parkash and others                         ...........Appellants



                                Versus




Sulakhan Singh and another                           ..........Respondents



Coram:       Hon'ble Mrs. Justice Sabina

Present: Mr.Arun Takhi, Advocate for the appellants.

                                **

Sabina, J.

Plaintiff filed a suit for permanent injunction restraining

the defendants from interfering with or dispossessing the plaintiff from the

suit land fully described in the head note of the plaint. The said suit of the

plaintiff was decreed by the Civil Judge (Junior Division) Batala vide

judgment and decree dated 17.2.2005. Aggrieved by the same, defendants

filed an appeal and the same was dismissed by the Additional District

Judge (Adhoc),Fast Track Court, Gurdaspur vide judgment and decree dated

11.2.2009. Hence, the present appeal .

The case of the parties, as noticed by the learned Additional

District Judge, in paras 2 and 3 of its judgment reads as under:-

” 2. The brief facts are that plaintiff purchased suit land measuring

21 kanals 15 marlas as detailed in the heading of the plaint from
Regular Second Appeal No. 3030 of 2009 2

Baldev Ram s/o Ganpat. Baldev Ram was a co-sharer/co-owner in

exclusive possession of the suit land. He sold the suit land by two

sale deeds dated 16.4.2001 and delivered vacant possession to

plaintiff. That the plaintiff is in possession over the suit land and

the defendants have got no right,title or interest over the same.

The defendants have threatened to dispossess the plaintiff from

the suit land. They were requested to desist from evil designs but

they refused. Hence, the suit.

3. Initially, the suit was filed against five defendants but later on

defendants Shanti Sarup and Narinder Singh were given up.

Remaining defendants contested the suit and admitted that Baldev

Ram was a co-sharer but exclusive possession was denied.

Purchase of suit land by plaintiff was also denied. It was also

denied that plaintiff is in possession of the suit land. That

defendant is a co-sharer in the suit land as Baldev Ram was not

exclusive owner in possession of the same. That defendant No.4

is owner in possession of land measuring 3 Kls bearing killa No.

27///12/2. Other paras of the plaint were denied and defendants

prayed for dismissal of the suit.

On the pleadings of the parties, the following issues were

framed by the trial Court:-

“1. Whether the plaintiff is entitled for permanent injunction as

prayed for?OPP

2. Whether suit of the plaintiff is not maintainable in the present

form?OPD

3. Relief”

Regular Second Appeal No. 3030 of 2009 3

After hearing the learned counsel for the appellant, I am of

the opinion that this appeal is devoid of any merit.

Plaintiff sought permanent injunction restraining the

defendants from interfering in his peaceful possession with regard to the

property in dispute. The case of the plaintiff is that he had purchased the

suit property from Baldev Ram vide sale deeds Exhibit P1 and Exhibit P2

dated 16.4.2001 and 18.4.2001 respectively. Thereafter, the mutation was

sanctioned in favour of the plaintiff on the basis of sale deed. Defendant

No.1-Rajinder Parkash, while appearing in the witness box in his cross-

examination, initially, denied any knowledge regarding execution of the sale

deed by his father. But later on, he admitted that the land was sold on

16.4.2001 and at that time, the entries in khasra girdawari were in the name

of his father-Baldev Ram. Mutation of the suit land was sanctioned in

favour of the plaintiff and he did not file any appeal against the said

mutation. He also admitted that Baldev Ram might have handed over the

possession of the suit land to the vendee. The learned trial Court, after

appreciating the evidence on record, held that the statement of defendant

No.1 in this regard was further corroborated by the witnesses examined by

the defendants. DW2- Dalip Singh, in his cross-examination, admitted that

Baldev Ram was in cultivating possession of the suit land before execution

of the sale deed in favour of the plaintiff. Defendant No.1 filed an

application for correctness of entries in the khasra girdwari against the

original owner and the said application was allowed. But the said order was

set aside by the Assistant Collector Ist Grade vide order dated 20.12.2004.

As per the revenue record, the copy of the jamabandi (Exhibit P2) and

Khasra girdwari (Exhibit P13), plaintiff is in possession of the suit property.
Regular Second Appeal No. 3030 of 2009 4

In these circumstances, both the Courts below had rightly decreed the suit of

the plaintiff as he could protect his possession qua the suit property.

No substantial question of law arises in this case which

would warrant interference by this Court. Accordingly, this appeal is

dismissed.

( Sabina )
Judge

August 18, 2009
arya