High Court Punjab-Haryana High Court

Satnam Singh vs Sarwan Singh And Another on 27 October, 2009

Punjab-Haryana High Court
Satnam Singh vs Sarwan Singh And Another on 27 October, 2009
RSA No.377 of 2005                                                           1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

                              R.S.A. No. 377 of 2005
                              Date of Decision:October 27, 2009



Satnam Singh                                      ...........Appellant


                              Versus



Sarwan Singh and another                          ..........Respondent


Coram:       Hon'ble Mrs. Justice Sabina


Present: Mr.Rakesh Chopra, Advocate for the appellant.
         Mr.Samir Rathore, Advocate for
         Mr.Sumeet Goel, Advocate for respondent No.1


                              **

Sabina, J.

Plaintiff-Satnam Singh filed a suit for declaration to the

effect that the decree and judgment passed in Civil Suit No.275 of 4.9.1987

decided on 1.4.1991 by the Additional Senior Sub Judge, Ropar in the suit

titled as `Sarwan Singh (now defendant No.1) vs. Sohan Singh (now

defendant No.2)’ for possession by way of specific performance in respect

of land measuring 6k-13M out of the land mentioned at letter X below is

illegal null and void. The suit of the plaintiff was dismissed by the

Additional Civil Judge (Senior Division) Ropar vide judgment and decree

dated 3.6.2002. Aggrieved by the same, the plaintiff filed an appeal which

was dismissed by the Additional District Judge, Rupnagar vide judgment

and decree dated 8.9.2004. Hence, the present appeal by the plaintiff.
RSA No.377 of 2005 2

The facts of the case, as noticed by the Additional District

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

” 2. The case of the plaintiff as pleaded in the plaint is that

plaintiff Satnam Singh is minor and her mother Parkash Kaur is

his next friend and she has got no interest adverse to that of

minor. It is further pleaded that plaintiff and defendant No.2

constituted Joint Hindu Family. The suit property was inherited

by defendant No.2 from his father Pritam Singh who inherited the

same from his father Chattar Singh and Chattar Singh inherited

the same from his father Daya Singh. The plaintiff being

coparcener has got right in the suit property since his birth.

Defendant No.1 (wrongly written as defendant No.3) filed suit for

specific performance of agreement to sell dated 14.6.1987 against

defendant No. 2 having Civil suit No.275 of 4.9.1987. The said

suit was decreed by the Court of Additional Senior Sub Judge,

Ropar on 1.4.1991 and the appeal filed against the said judgment

and decree by defendant No.2 as well as regular Second Appeal

filed by defendant No.2, were dismissed. It is further pleaded that

defendant No.2 had got no legal necessity to dispose of the land in

question by executing agreement to sell dated 14.6.1987 in favour

of defendant No.1. That, thus, defendant No.2 had got no right to

dispose of the Joint Hindu Family Coparcenary Property. That

defendant No.2 had acted against the interest of minor plaintiff.

The above stated agreement to sell was not executed for the

benefit of the estate. That plaintiff has come to know that

defendant No.1 has already filed execution application to get
RSA No.377 of 2005 3

executed the above stated judgment and decree. That the said

judgment and decree are illegal, null and void and are not binding

on plaintiff. Hence, the suit.

3.The suit was contested by defendant No.1 who filed written

statement taking preliminary objections that the plaintiff has got

no locus standi to file the suit. That the suit is not maintainable

and is time barred and plaintiff is estopped by his act and conduct

from filing the suit. On merits, it is denied that plaintiff and

defendant No.2 constituted Joint Hindu Family. It is also denied

that suit property was ancestral property in the hands of defendant

No. 2. It is pleaded that defendant No.2 executed an agreement to

sell dated 14.6.1987 for the welfare of his family. That answering

defendant has become owner and in possession of the suit

property on the basis of judgment and decree dated 1.4.1991

passed by the Court of Ld. Addl. Senior Sub Judge, Ropar. The

said judgment and decree have already attained finality. The sale

deed has already been executed in favour of answering defendant

by the Civil Court on 7.10.1997 regarding suit land. The plaintiff

has got no right, title or interest in the suit property. It is further

pleaded that sale deed dated 7.10.1997 is valid and is binding on

the plaintiff. The other averments of the plaint were denied being

wrong and it was pleaded that the suit be dismissed.”

On the pleadings of the parties, the following issues were

framed by the trial Court:-

“1. Whether the judgment and decree dated 1.4.1991 is null and

void and not binding on the rights of the plaintiff?OPP
RSA No.377 of 2005 4

2.Whether the plaintiff has no locus standi to file the present

suit?OPD

3. Whether the suit is time barred?OPD

4.Whether the plaintiff is estopped by his own act and conduct

from filing the present suit?OPD

5.Whether the defendants are entitled to special costs under

Section 35-A CPC?OPD

6.Whether the plaintiff is entitled to the declaration as prayed

for ?OPP

7.Relief.”

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

opinion that the present appeal deserves to be dismissed.

Sohan Singh executed an agreement to sell the land in

question with respondent No.1 Sarwan Singh on 14.6.1987. Rupees Six

thousand were paid as an earnest money by defendant No.1 to defendant

No.2. Defendant No.1 filed a suit for possession by way of specific

performance of the agreement to sell in question and the said suit was

decreed by the trial Court vide judgment and decree dated 1.4.1991. The

appeal filed against the said judgment and decree was dismissed. The

regular second appeal filed against the decision of the lower appellate Court

was dismissed by this Court. Thus, the judgment and decree dated 1.4.1991

were upheld by the higher Courts and attained finality. The sale deed has

been executed in favour of defendant No. 1 in pursuance of the decision of

the Civil Court. Defendant No.1 is in possession of the suit land on the

basis of the execution of the sale deed by the Court in his favour.

Moreover, defendant No.1 was a bona fide purchaser of the suit land
RSA No.377 of 2005 5

for consideration. Mutation qua the suit land was sanctioned in favour of

defendant No.2 and his brother on the basis of a Will executed by their

father Pritam Singh. The agreement to sell was executed by defendant

No.2 in favour of defendant No.1 on 14.6.1987, whereas, the plaintiff was

born on 26.9.1988. In these circumstances, the Courts below had rightly

dismissed the suit of the plaintiff.

No substantial question of law arises in this regular second

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

appeal is dismissed.

( Sabina )
Judge
October 27, 2009
arya