High Court Punjab-Haryana High Court

Dilbag Singh And Others vs Malook Singh And Others on 20 October, 2008

Punjab-Haryana High Court
Dilbag Singh And Others vs Malook Singh And Others on 20 October, 2008
Regular Second Appeal No. 1757 of 2008                            1




      In the High Court of Punjab and Haryana, at Chandigarh.



              Regular Second Appeal No. 1757 of 2008

                    Date of Decision: 20.10.2008




Dilbag Singh and Others
                                                         ...Appellants
                                Versus
Malook Singh and Others
                                                      ...Respondents




CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. V.K.Sandhir, Advocate
         for the appellants.


Kanwaljit Singh Ahluwalia, J.

The present regular second appeal has been preferred by

Dilbag Singh, Lakhwinder Singh sons of Jarnail Singh, Sukhdev Singh,

Gurvail Singh sons of Kundan Singh, Manju widow of Ajit Singh and

Shabo alias Sarabjeet Kaur daughter of Ajit Singh.

The respondents being plaintiffs had instituted the suit for

declaration against the appellants-defendants. It was averred that

defendant No.1 Ajit Sigh was owner in possession of 59 kanals 6

marlas of land detailed and described in the head note of the suit. He

sold the suit land to plaintiff vide two registered sale deeds dated

12.3.1999 and 17.5.1999. On 12.3.1999, sale deed was executed qua
Regular Second Appeal No. 1757 of 2008 2

land measuring 32 kanals for consideration of Rs.4,80,000/-. On

17.5.1999 second sale deed was executed and 27 kanals 6 marlas of

land was sold for consideration of Rs.4,90,000/-. It is stated that land

was sold by defendant No.1 after receiving the entire sale consideration.

It was stated that at the time of execution of the sale deed, possession

was also delivered and after execution of the sale deeds, no claim, right,

title or interest was left in defendant No.1 over the suit land. It was

stated that defendants No.2 to 6 had claimed that they had become

owners of the suit land as defendant No.1 had sold the same to them. It

was stated that defendants No.2 to 6 were wrongly asserting their

possession. It was stated that the sale deed executed by defendant

No.1 in favour of defendants No.2 to 6 is illegal, null and void and no

right, title or interest over the suit land has accrued in favour of

defendants No.2 to 6. It was further stated that defendants No.1 to 6

have joined hands together and they have threatened to interfere in the

peaceful possession of the plaintiff.

Notice of the suit was issued. Defendants No.1 to 5 appeared.

Defendants No.6 and 7 have been proceeded against ex-parte.

Defendant No.1 filed written statement. Preliminary objection was

raised that the suit is not maintainable; plaintiffs are neither owners nor

in possession of any part of the suit land and they are estopped by their

own act and conduct to file the suit; No property was sold to any plaintiff

by defendant No.1 rather plaintiffs in connivance with Nirvail Singh

Lambardar, Puran Singh, Achhar Singh Deed Writer and Manjit Singh

Baath, Advocate, had prepared a forged and fabricated sale deed.

Defendant No.1 had not appended his thumb impressions on the sale
Regular Second Appeal No. 1757 of 2008 3

deeds and neither he had sold any property to the plaintiffs nor he

received any consideration. It was further averred that complaint under

Sections 420, 465, 467, 468, 471, 474, 120-B IPC was filed against the

plaintiffs and their associates and a criminal case bearing FIR No. 171

of 1999 has been registered. Defendant No.1 had sold the property to

defendants No.2 to 6 on 19.8.1999 and 23.8.1999 and possession was

also delivered by defendant No.1 to defendants No.2 to 5. Defendant

No.2 to 5 had filed separate written statement. They stated that they had

purchased the property of defendant No.1 vide two sale deeds dated

19.8.1999 and 23.8.1999, respectively. They denied that the plaintiffs

are in possession of the suit land.

After the pleadings, following issues were framed by learned

lower Court:-

1. Whether plaintiffs are entitled to declaration as

prayed for? OPP

2. Whether plaintiffs are entitled to injunction as prayed

for? OPP

3. In case, issue No.2 is proved, whether plaintiffs are

entitled to alternative relief of possession of the suit

land on the basis of sale deeds dated 12.3.1999 and

17.5.1999? OPP

4. Whether the sale deeds alleged to have been

executed by defendant No.1 in favour of plaintiffs on

12.3.1999 and 17.5.1999 are forged and fabricated

documents? OPD

5. Whether the defendants are entitled to relief of
Regular Second Appeal No. 1757 of 2008 4

counter-claim as prayed for? OPD

6. Whether the suit of the plaintiffs is not maintainable?

OPD

7. Whether the suit of the plaintiffs is not properly

valued for the purposes of Court fee and

jurisdiction? OPD

8. Whether plaintiffs are bonafide purchasers for

valuable consideration? OPP

9. Relief.

Thereafter, defendants absented themselves and were

proceeded against ex-parte.

In ex-parte evidence, PW.1 Balwinder Singh, Registration

Clerk, PW.2 M.S. Baath, Advocate, PW.3 Malook Singh, plaintiff No.1,

PW.4 Piara Singh, and PW.5 Tarsem Singh, plaintiff No.2 appeared

before the Court. They tendered various documents also. Suit of the

plaintiffs was decreed; Defendants were restrained; Injunction was

issued and decree was passed by learned trial Court to the effect that

the plaintiffs were the owners of the suit land. Aggrieved against the

same, defendants had filed an appeal before the Court of learned

District Judge, Amritsar, which was decided by learned Additional

District Judge, Amritsar.

During pendency of appeal, Ajit Singh, defendant No.1 to the

suit died and before learned lower Appellate Court, his legal

representatives were brought on record. Before the learned lower

Appellate Court it was urged by the appellants that a fraud had been

played upon them. Mukhtiar Singh, respondent/plaintiff No.3 had
Regular Second Appeal No. 1757 of 2008 5

suffered a statement in the Court of Collector, Amritsar, that he had no

concern whatsoever with the suit property. This statement was made in

appeal against sanction of mutation. Learned Appellate Court below

held that written statement was filed by the appellants to the suit as

defendants. After framing of issues, when the case was fixed for

evidence, they abandoned the suit. Nobody appeared on their behalf

and the suit was decreed ex-parte. Relying upon the testimony of the

witnesses findings of learned trial Court were upheld.

I have heard Sh. V.K. Sandhir, Advocate, appearing for the

appellants-defendants. He filed an application under Order 41 Rule 27

CPC to permit appellants to adduce additional affidavit and has stated

that the order of Collector, Amritsar should be taken on record as

Malook Singh, Tarsem Singh and Mukhtiar Singh, plaintiffs/respondents,

had admitted the claim of the appellants before the Additional Deputy

Commissioner, exercising the powers of Collector. Mr. Sandhir states

that this had happened on 11.3.2002 and the suit had been decreed on

23.4.2002.

I find no merit in this contention of Mr. Sandhir. Suit was

proceeded ex-parte on 20.4.2001 and from 20.4.2001 to 11.3.2002, it

was incumbent upon the appellants to appear before the Court and

acquaint regarding the alleged admission of the plaintiffs. A finding of

fact has been recorded by learned lower Appellate Court. Without any

basis having been laid, I can extend no credence to the submissions

made before me by learned counsel for the appellants.

From the acts and conduct of the appellants, there is nothing

on the record for them to urge that any substantial question of law is
Regular Second Appeal No. 1757 of 2008 6

made out.

Facts appreciated by the Courts below require no re-appraisal.

Hence, there is no merit and the present appeal is dismissed.

(Kanwaljit Singh Ahluwalia)
Judge
October 20, 2008
“DK”