{"id":33512,"date":"2008-10-01T00:00:00","date_gmt":"2008-09-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/darshan-singh-and-others-vs-gurbax-singh-and-others-on-1-october-2008"},"modified":"2015-04-08T20:06:23","modified_gmt":"2015-04-08T14:36:23","slug":"darshan-singh-and-others-vs-gurbax-singh-and-others-on-1-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/darshan-singh-and-others-vs-gurbax-singh-and-others-on-1-october-2008","title":{"rendered":"Darshan Singh And Others vs Gurbax Singh And Others on 1 October, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Darshan Singh And Others vs Gurbax Singh And Others on 1 October, 2008<\/div>\n<pre>       In the High Court for the States of Punjab and Haryana at Chandigarh\n                                 ...\n\n\n                                        RSA No. 362 of 1993\n\n                                        Date of decision: October 1,2008\n\nDarshan Singh and others                                       ..Appellants.\n\n                                 Versus\n\nGurbax Singh and others\n                                                               ..Respondent\n\nCoram:        Hon'ble Mr.Justice Rakesh Kumar Garg\n\nPresent:      Mr.G.S.Bal, Advocate\n              for the appellants.\n              Mr.P.S.Thiara, Advocate\n              for the respondents.\n                        ...\n\nRakesh Kumar Garg,J.\n<\/pre>\n<p>              This judgment shall dispose of two connected second appeals, i.e.,<\/p>\n<p>RSA No.362 of 1993- Darshan Singh etc. Versus Gurbax Singh etc. and RSA<\/p>\n<p>No.605 of 1993- Gurbax Singh etc. Versus Darshan Singh etc.(arising out of CA<\/p>\n<p>No.64 of 1990 &#8211; Darshan Singh etc. Versus Gurbax Singh etc. and Civil Appeal<\/p>\n<p>No.49 of 1990- Gurbax Singh etc. Versus Darshan Singh etc. arising out of<\/p>\n<p>judgment and decree dated 16.9.1986 passed by the trial Court), whereby the<\/p>\n<p>suit filed by the plaintiffs Darshan Singh etc. was dismissed and the defendant-<\/p>\n<p>respondents were held entitled to possession of the disputed land measuring 45<\/p>\n<p>kanals 18 marlas by way of counter claim.\n<\/p>\n<p>              The plaintiffs filed a suit for declaration that the plaintiffs and<\/p>\n<p>defendant No.5 are the owners in possession of the land measuring 60 Kanals 4<\/p>\n<p>Marlas bearing Khata Khatauni No.47\/139 to 142, 235\/479, 273\/532, 147\/250<\/p>\n<p>Killa No.31\/21\/7, 76\/25\/1, 79\/4, 5\/1, 6, 15, 206, 39\/8\/2, 9\/23, 79\/5\/3, 5\/4,<\/p>\n<p>29\/8\/3\/2, 39\/8\/1 situated in village Jalal Ushma, Tehsil Baba Bakala District<\/p>\n<p>Amritsar as entered in the jamabandi for the years 1976-77, 1977-78 and in the<\/p>\n<p>alternative, plaintiff No.1 is in possession of the property as a tenant and for<\/p>\n<p>permanent injunction restraining the defendant No.1 to 4 from interfering in their<\/p>\n<p>possession.\n<\/p>\n<p>              The brief facts as stated in the plaint are that Wassan Singh son of<\/p>\n<p>Santa Singh resident of village Jalal Ushma who was owner of the land in<\/p>\n<p>dispute died issueless on 12.2.1983. The case of the plaintiffs is that Darshan<\/p>\n<p>Singh, plaintiff No.1 during the life time of Wassan Singh used to cultivate the<\/p>\n<p>suit land as tenant under him. The plaintiff and Dalip Singh, defendant No.5 are<\/p>\n<p>the only heirs of Wassan Singh being his collaterals and as such after the death<\/p>\n<p>of Wassan Singh, they became the owners of the land. Defendant Nos.1 to 3<\/p>\n<p>asserted that they had purchased the land from Wassan Singh deceased. The<\/p>\n<p>case of the plaintiff is that Wassan Singh did not sell the land to the defendant<\/p>\n<p>and if there is any sale deed in their favour, the same is illegal, void and<\/p>\n<p>inoperative as Wassan Singh was very old, his eye sight was poor and he was<\/p>\n<p>addicted to opium and the sale deed, if any, was procured illegally from him.<\/p>\n<p>Since defendant Nos.1 to 4 are threatening to take possession of the land, thus<\/p>\n<p>the necessity arose to file the suit. It is also prayed that in case the defendants<\/p>\n<p>are held to be in possession of the some land, then by way of an alternative<\/p>\n<p>relief, the same be got restored to them.\n<\/p>\n<p>             On the other hand, the version of the defendants is that Wassan<\/p>\n<p>Singh himself was in cultivating possession of the land as owner during his life<\/p>\n<p>time and the possession of the land was delivered to them by Wassan Singh at<\/p>\n<p>the time , the sale was effected i.e., on 27.1.1983, which was sold to them for<\/p>\n<p>consideration of Rs.49000\/- by Wassan Singh who was perfectly in sound and<\/p>\n<p>disposing mind and in fact they were dispossessed from the land forcibly during<\/p>\n<p>the pendency of the suit except Khasra Nos.29\/8\/3\/2 and 29\/9. The defendants<\/p>\n<p>claimed the possession of the land by way of counter claim. It was also averred<\/p>\n<p>that the suit in respect of Khasra No. 29\/28\/3\/2 and 29\/9 is not maintainable.<\/p>\n<p>             From the pleadings of the parties, the following issues were<\/p>\n<p>framed:-\n<\/p>\n<blockquote><p>             1. Whether the plaintiffs are in possession of the suit land, If so, to<\/p>\n<p>             what effect ?OPP.\n<\/p><\/blockquote>\n<blockquote><p>              2. Whether the plaintiffs are the legal heirs of the deceased<\/p>\n<p>             Wassan Singh and are entitled to file the present suit ?OPP.<\/p>\n<\/blockquote>\n<blockquote><p>             3. Whether the plaintiffs or any of them is a tenant over the land in<\/p>\n<p>             the suit ?OPP.\n<\/p><\/blockquote>\n<blockquote><p>             4. Whether the suit is properly valued for the purposes of court fee<\/p>\n<p>             and jurisdiction ?OPD.\n<\/p><\/blockquote>\n<blockquote><p>             5. Whether Wassan Singh had executed any sale deed in favour of<\/p>\n<p>             defendants for consideration on 27.1.1988 ?OPD.<\/p><\/blockquote>\n<p>             6. If issue No.5 is proved, whether the same is illegal,void abinitio<\/p>\n<p>             and in operative in law?OPP<\/p>\n<p>Additional issues:\n<\/p>\n<blockquote><p>              1. Whether by way of alternative relief, the plaintiffs are entitled to<\/p>\n<p>              the possession of the land ?OPP<\/p>\n<\/blockquote>\n<blockquote><p>              2. Whether the defendants are within their right to have counter<\/p>\n<p>              claim as alleged in the amended written statement ?OPD<\/p>\n<\/blockquote>\n<blockquote><p>              3. If Addl. Issue No.2 is proved, then whether defendants are<\/p>\n<p>              entitled to the possession of suit land except Khasra No.29\/8\/3\/2,<\/p>\n<p>              29\/9 and 39\/8\/17 ?OPD.<\/p><\/blockquote>\n<p>             Issue Nos.1 and 3 were partly decided in favour of the plaintiffs and<\/p>\n<p>Darshan Singh plaintiff was held to be a tenant on a part of the disputed land<\/p>\n<p>while plaintiffs were held to be trespassers in other portion of the land. Issue<\/p>\n<p>No.2 was held against the plaintiffs. Issue No.4 was decided in favour of the<\/p>\n<p>plaintiffs. Under issue Nos.5 and 6, defendant-vendees          were held to have<\/p>\n<p>validly purchased the land from Wassan Singh vide sale deed executed on<\/p>\n<p>27.1.1983 Ex.D1.\n<\/p>\n<p>             It was further held under additional issues that the plaintiffs are not<\/p>\n<p>entitled to the possession of the land as alternative relief. Additional Issue Nos.2<\/p>\n<p>and 3 were also decided against the defendants. As a result of the findings of<\/p>\n<p>the trial Court on various issues, Darshan Singh, plaintiff No.1 was held to be in<\/p>\n<p>possession of the part of the disputed land as a tenant, while plaintiffs were held<br \/>\n to be in possession of some other land also as tresspassers. In these<\/p>\n<p>circumstances, the suit filed by the plaintiffs was partly decreed and vendees-<\/p>\n<p>respondents were retrained from interfering in possession of the plaintiffs in the<\/p>\n<p>land in their possession except in due course of law vide judgment and decree<\/p>\n<p>dated 16.9.1986 of the trial Court.\n<\/p>\n<p>             Feeling aggrieved against the judgment and decree of the trial<\/p>\n<p>Court, the parties preferred separate appeals against the same. In CA No.64 of<\/p>\n<p>1990 &#8211; Darshan Singh etc. Versus Gurbax Singh etc. filed by the plaintiffs, they<\/p>\n<p>claimed to be owners in possession of the disputed land, having inherited the<\/p>\n<p>same from Wassan Singh deceased being his nearest legal heirs claiming that<\/p>\n<p>the sale deed in favour of defendants was illegal and not binding on their rights.<\/p>\n<p>Darshan Singh plaintiff also claimed to be the tenant of the disputed land. In the<\/p>\n<p>counter appeal No.49 of 1990- Gurbax Singh etc. Versus Darshan Singh etc.,<\/p>\n<p>the defendants claimed that they were the owners of the land in dispute on the<\/p>\n<p>basis of the sale deed Ex.D1 and the       tenancy of Darshan Singh was also<\/p>\n<p>denied. It was also argued that the counter claim set up by the defendants were<\/p>\n<p>wrongly denied and they were entitled to possession of the land.<\/p>\n<p>             The lower Appellate Court found that the plaintiffs were the nearest<\/p>\n<p>collaterals of Wassan Singh deceased, but Wassan Singh deceased was<\/p>\n<p>survived by his widow Gurdev Kaur and in her presence the plaintiffs could not<\/p>\n<p>claim any right or interest in the estate of Wassan Singh deceased. It was also<\/p>\n<p>found by the lower Appellate Court that though the plaintiffs may be the nearest<\/p>\n<p>collaterals of Wassan Singh deceased, they could not claim any right or interest<\/p>\n<p>in the estate of Wassan Singh deceased as the defendants had purchased the<\/p>\n<p>land in dispute validly vide sale deed Ex.D1 from Wassan Singh as the sale<\/p>\n<p>deed Ex.D1 was executed by Wassan Singh deceased in favour of the Vendee<\/p>\n<p>defendant genuinely and validly. The contention of Darshan Singh, plaintiff was<\/p>\n<p>that he was tenant on the disputed land. It was found that he was not a tenant in<\/p>\n<p>part of the suit land comprised in Khasra No. 76\/25\/1, 79\/4, 5\/1, 5\/3, 79\/5\/4,<\/p>\n<p>79\/6, 79\/15. However, he was in possession of the aforesaid land measuring 45<br \/>\n kanals 18 marlas in illegal and unauthorized possession and not as a tenant and<\/p>\n<p>therefore, the defendants have a right to possession of this land measuring 45<\/p>\n<p>Kanals 18 Marlas by way of counter claim. On the basis of these findings, the<\/p>\n<p>lower Appellate Court dismissed Civil Appeal No.64 of 1990- Darshan Singh etc.<\/p>\n<p>Versus Gurbax Singh etc.. The Civil Appeal No.49 of 1990- Gurbax Singh etc.<\/p>\n<p>Versus Darshan Singh etc. was accepted and decree of the trial Court dated<\/p>\n<p>16.9.1986 was modified and a decree for possession of disputed land<\/p>\n<p>measuring 45 Kanals 18 Marlas comprised in Khasra Numbers 31\/21\/5(0-2),<\/p>\n<p>76\/25\/1(6-10), 79\/4(5-8), 5\/1(5-8)\/ 6(10-2), 15(6-5), 306(2-2), 39\/8\/2(3-16), 39\/9<\/p>\n<p>(4-0), 79\/5\/3(-15), 79\/5\/4 (1-0), as mentioned in the head note of the written<\/p>\n<p>statement, was passed in favour of the defendant-appellants by way of counter<\/p>\n<p>claim.\n<\/p>\n<p>               Feeling aggrieved against the judgment and decree passed by the<\/p>\n<p>lower Appellate Court in both the appeals, the plaintiffs have filed these two<\/p>\n<p>appeals challenging the same in this Court.\n<\/p>\n<p>               Learned counsel for the appellant has vehemently argued that the<\/p>\n<p>defendants had claimed possession of the land in dispute by way of counter<\/p>\n<p>claim which was filed much after filing of the written statement which is not<\/p>\n<p>permissible in law. It is further argued by the counsel for the appellant that the<\/p>\n<p>counter claim can be made by the defendants only in the suit pertaining to<\/p>\n<p>money matters and not in the suits for declaration or possession of the<\/p>\n<p>immovable property and therefore the lower Appellate Court has erred at law<\/p>\n<p>while granting the decree of possession of the suit land to the defendant-<\/p>\n<p>respondents.\n<\/p>\n<p>               During the course of hearing, it was also found that the appellants<\/p>\n<p>have not framed any substantial question of law in this case. However, instead of<\/p>\n<p>adjourning the case any further with the consent of the counsel for the parties,<\/p>\n<p>the following substantial question of law is framed in this appeal:-<\/p>\n<blockquote><p>               (i) Whether counter claim can be filed after filing of written<\/p>\n<p>               statement.<\/p><\/blockquote>\n<p>               (ii) Whether counter claim is permissible only in money matters and<\/p>\n<p>              cannot be filed in suits for declarations and suit for possession etc.<\/p>\n<p>             I have heard learned counsel for the parties and perused the<\/p>\n<p>record.\n<\/p>\n<p>             The defendant-respondents have claimed the suit land on the basis<\/p>\n<p>of sale deed dated 27.1.1983 in their favour executed by Wassan Singh. The<\/p>\n<p>possession of the said disputed land is also claimed to be delivered to them<\/p>\n<p>under the aforesaid    sale deed. It is also a matter of record that during the<\/p>\n<p>pendency of suit, it was claimed by them that plaintiff-appellant dispossessed the<\/p>\n<p>defendants from the disputed land in illegal manner under the garb of stay orders<\/p>\n<p>issued by the court in the case and claimed to be in possession of the land<\/p>\n<p>comprised in Khasra No.29\/8\/3\/2 and 29\/9 and sought possession of the<\/p>\n<p>remaining disputed land purchased by them vide sale deed dated 27.1.1983 by<\/p>\n<p>way of counter claim under Order 8 Rule 6 C.P.C. and on the basis of this<\/p>\n<p>counter claim additional issue No.2 and 3 were framed by the trial Court which<\/p>\n<p>were to the effect whether the defendants are within their rights to have counter<\/p>\n<p>claim as alleged in the amended written statement.\n<\/p>\n<p>             It is also a matter of record that the defendants had filed their<\/p>\n<p>counter claim by amendment of their written statement, which was permitted to<\/p>\n<p>be amended by the court and the plaintiff never challenged the said amendment<\/p>\n<p>of written statement by the respondent and thereafter the additional issues<\/p>\n<p>regarding counter claim of the defendant-respondents were framed on the basis<\/p>\n<p>of pleadings in the written statement which includes the counter claim of the<\/p>\n<p>defendants and thereafter the parties were allowed to prove their case by leading<\/p>\n<p>evidence. Both the parties were well aware of the issues arising out of their<\/p>\n<p>pleadings including counter claim filed by the defendant-respondents and on<\/p>\n<p>conclusion of evidence, arguments were addressed on all the issues including<\/p>\n<p>the issues with regard to counter claim. It is also clear from the judgment of the<\/p>\n<p>trial court that on additional issues 2 and 3 which pertains to counter claim, the<\/p>\n<p>only argument raised by the learned counsel for the plaintiff was to the effect that<br \/>\n the counter claim cannot be filed in a suit for declaration\/possession. No such<\/p>\n<p>argument regarding the filing of the counter claim after filing the written<\/p>\n<p>statement was raised. In any case, the law is well settled on this question as<\/p>\n<p>raised by the learned counsel for the appellant. In the case of Rohit Singh &amp;<\/p>\n<p>others Versus State of Bihar (now State of Jharkhand) and others 2007(1) RCR<\/p>\n<p>(Civil) 674, the Hon&#8217;ble Supreme Court of India has authoritatively held that the<\/p>\n<p>counter claim can be filed after filing of written statement but not after issues<\/p>\n<p>were framed and evidence closed.\n<\/p>\n<p>             Faced with this situation, learned counsel for the appellant cited<\/p>\n<p>judgment of this court in case of Bank of Baroda Versus Gurcharan Singh 1986<\/p>\n<p>PLJ 43 to the effect that defendant cannot be allowed to file counter claim by<\/p>\n<p>amending written statement. The contention of the learned counsel for the<\/p>\n<p>appellant is misconceived. In the aforesaid case, it was pleaded that the counter<\/p>\n<p>claim was to be treated as plaint and governed by the rules applicable to the<\/p>\n<p>plaint and the same should have been filed before filing the written statement<\/p>\n<p>and it was submitted that there was no proper counter claim filed by the<\/p>\n<p>defendants as provided under Order 8 Rule 6-A of the Code of Civil Procedure.<\/p>\n<p>The aforesaid judgment was considered by this Court in the case of Inder Lal<\/p>\n<p>Khanna Versus Krishan Lal Malhotra and others AIR 1990 (P&amp;H) 149 and this<\/p>\n<p>Court observed as under:-\n<\/p>\n<blockquote><p>             &#8221; As regards this contention, I do not find any merit therein. The<\/p>\n<p>             judgment referred to above has no applicability to the facts of the<\/p>\n<p>             present case. The plaintiff never objected as such, to the filing of<\/p>\n<p>             the counter-claim. Rather the necessary issues arising out of the<\/p>\n<p>             counter-claim were framed and the parties were allowed to lead<\/p>\n<p>             evidence. No prejudice has been alleged to have been caused to<\/p>\n<p>             the plaintiff on account of irregularity, if any in filing the counter-<\/p>\n<p>             claim. That being so, the plaintiff cannot be allowed to agitate in the<\/p>\n<p>             second appeal that there was no proper counter-claim. In the case<\/p>\n<p>             referred to above, it was held that the defendant could not be<br \/>\n               allowed to file counter-claim by amending the written statement,<\/p>\n<p>              which is not the proposition in the present case. Admittedly, the<\/p>\n<p>              defendants while making the counter-claim in the written statement<\/p>\n<p>              also paid the requisite court-fee thereon and it was duly entertained<\/p>\n<p>              by the trial Court.&#8221;<\/p><\/blockquote>\n<p>              Moreover, relying upon the judgment of the Apex Court in Rohit<\/p>\n<p>Singh&#8217;s case (supra), this Court in the case of Milkha Singh Versus Parshotam<\/p>\n<p>Dass 2007(1)RCR (Civil) 495 has laid down that in exercise of its discretion, the<\/p>\n<p>Court can permit at a subsequent stage also to raise plea of set off or counter<\/p>\n<p>claim by allowing amendment of written statement<\/p>\n<p>              From the record of the case, it is clear that in the present case,<\/p>\n<p>additional issues have been framed after amendment of the written statement<\/p>\n<p>which includes counter claim and the evidence in this case was led thereafter.<\/p>\n<p>Moreover, in the present case, the evidence has been led by both the parties on<\/p>\n<p>the issues arising out of the counter claim filed by the defendant-respondents.<\/p>\n<p>Thus no prejudice has been caused to the plaintiff-appellants in this regard. The<\/p>\n<p>counter claim was filed by amending the written statement which was not<\/p>\n<p>objected to. That being so, the plaintiffs cannot be allowed to agitate in the<\/p>\n<p>second appeal that there was no proper counter claim. Admittedly, the<\/p>\n<p>defendants while making the counter claim in the amended written statement<\/p>\n<p>also paid the requisite court fee thereon and it was duly entertained by the trial<\/p>\n<p>Court.\n<\/p>\n<p>              Thus, there is no force in the first contention raised by the counsel<\/p>\n<p>for the appellant.\n<\/p>\n<p>              It is useful to refer to the provisions with regard to counter claim as<\/p>\n<p>provided under Order 8 Rule 6-A and B of CPC which are reproduced:-<\/p>\n<blockquote><p>              &#8220;6-A. Counter-claim by defendant.-(1) A defendant in a suit may, in<\/p>\n<p>              addition to his right of pleading a set off under rule 6, set up, by<\/p>\n<p>              way of counter-claim against the claim of the plaintiff, any right or<\/p>\n<p>              claim in respect of a cause of action accruing to the defendant<br \/>\n              against the plaintiff either before or after the filing of the suit but<\/p>\n<p>             before the defendant has delivered his defence or before the time<\/p>\n<p>             limited for delivering his defence has expired, whether such<\/p>\n<p>             counter claim is in the nature of a claim for damages or not:<\/p>\n<\/blockquote>\n<blockquote><p>                      Provided that such counter claim shall not exceed the<\/p>\n<p>             pecuniary limits of the jurisdiction of the Court.<\/p>\n<\/blockquote>\n<blockquote><p>                      (2) Such counter-claim shall have the same effect as a<\/p>\n<p>             cross-suit so as to enable the Court to pronounce a final judgment<\/p>\n<p>             in the same suit, both on the original claim and on the counter<\/p>\n<p>             claim.\n<\/p><\/blockquote>\n<blockquote><p>                      (3) The plaintiff shall be at liberty to file a written statement<\/p>\n<p>             in answer to the counter claim of the defendant within such period<\/p>\n<p>             as may be fixed by the Court.\n<\/p><\/blockquote>\n<blockquote><p>                      (4) The counter claim shall be treated as a plaint and<\/p>\n<p>             governed by the rules applicable to plaints.\n<\/p><\/blockquote>\n<blockquote><p>             6-B. Counter-claim to be stated.- Where any defendant seeks to<\/p>\n<p>             rely upon any ground as supporting a right of counter claim, he<\/p>\n<p>             shall, in his written statement, state specifically that he does so by<\/p>\n<p>             way of counter claim.&#8221;<\/p><\/blockquote>\n<p>             In Munshi Ram and others Versus Radha Kishan (accd) and others<\/p>\n<p>AIR 1975 Punjab and Haryana 112, it was held by this Court that counter claim<\/p>\n<p>may be set up in respect of claim as to which party can bring independent<\/p>\n<p>action in the court in which the counter action is brought yet the counter claim<\/p>\n<p>need not be an action of the same nature as the original action or analogous<\/p>\n<p>thereto and though there is no provision in the code for making a counter claim,<\/p>\n<p>the court has the power to treat the counter claim as a cross suit and hear the<\/p>\n<p>original suit and the counter claim together if the latter is properly stamped. In<\/p>\n<p>Pathrose Samual and Another Versus Karumban Parameshwaran, AIR 1988<\/p>\n<p>Kerala 163, it was held by the Kerala High Court that counter claim need not be<\/p>\n<p>limited to money suits only meaning thereby that the suits of other nature were<br \/>\n also covered under the counter claim etc. In Inder Lal Khanna Versus Krishan<\/p>\n<p>Lal Malhotra and others AIR 1990 (P&amp;H) 149. where the defendants set up<\/p>\n<p>counter claim and no objection was taken by the plaintiffs in this regard, it was<\/p>\n<p>held by this Court that the plea that counter claim filed by defendant was not<\/p>\n<p>proper inasmuch as it was not filed before the written statement cannot be raised<\/p>\n<p>by the plaintiff in the second appeal. The sum and substance of the afore quoted<\/p>\n<p>rulings is that the counter claim is not limited to money suits only and as such the<\/p>\n<p>counter claim can be taken up in suits of other nature.\n<\/p>\n<p>              Learned counsel for the appellant has not cited any judgment in<\/p>\n<p>support of his plea as raised by way of second substantial question of law.<\/p>\n<p>              On a conjoint reading of the provisions of Order 8 Rule 6-A and B<\/p>\n<p>of C.P.C. and the judgments referred to above, it cannot be said that the remedy<\/p>\n<p>of counter claim is available only in the suit pertaining to suits of recovery only<\/p>\n<p>and thus, the counter claim can be taken up in suits of other nature including<\/p>\n<p>suits for declaration\/suits for possession etc.<\/p>\n<p>              Thus both the questions of law as framed by this Court are<\/p>\n<p>answered against the appellant.\n<\/p>\n<p>              Learned counsel for the appellant has not challenged the findings<\/p>\n<p>of fact to the effect that the defendants have purchased the land in dispute<\/p>\n<p>validly vide sale deed Ex.P1 from Wassan Singh.\n<\/p>\n<p>              Thus, I find no merit in the appeal and the same is hereby<\/p>\n<p>dismissed with no order as to costs.\n<\/p>\n<pre>October 1, 2008                                   (RAKESH KUMAR GARG)\n             nk                                          JUDGE\n  <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Darshan Singh And Others vs Gurbax Singh And Others on 1 October, 2008 In the High Court for the States of Punjab and Haryana at Chandigarh &#8230; RSA No. 362 of 1993 Date of decision: October 1,2008 Darshan Singh and others ..Appellants. Versus Gurbax Singh and others ..Respondent Coram: Hon&#8217;ble Mr.Justice Rakesh [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-33512","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Darshan Singh And Others vs Gurbax Singh And Others on 1 October, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/darshan-singh-and-others-vs-gurbax-singh-and-others-on-1-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Darshan Singh And Others vs Gurbax Singh And Others on 1 October, 2008 - Free Judgements of Supreme Court &amp; 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