DHARAM SINGH KAPOOR Vs. OM PARKASH

JUDGEMENT

(1.) THIS is the plaintiff's appeal against the judgment and decree of the learned Additional District Judge, Kullu reversing the judgment and decree passed by the learned trial Court in a suit instituted by plaintiff Sarfa Ram granting him relief in the nature of a declaratory decree declaring him to be the owner of the suit land and further restraining the defendants from interfering in his possession permanently.

(2.) THE plaintiff had approached the Court on the allegations that he had four brothers. Namely; Durga, Saily, Bhikha, defendants No. 1 to 3 and Paras Ram, since deceased, represented by defendants No. 4 to 8. According to the allegations made by him all of them jointly owned and possessed the suit land which was purchased by him and his brothers vide registered sale deed dated 18.9.1965 from Pune Ram, Atma Ram, Kirpa Ram Krishan, Jai Chand for a consideration of 15,000/ - rupees and mutation No. 1164 was attested in their favour. This mutation was lateron reviewed behind his back on 5.2.1990 and his name was deleted from the revenue records. The learned trial Court settled 11 issues holding two crucial issues, to the effect i.e. as to whether the plaintiff was the owner in possession of the suit land and whether the review proceedings were illegal, in favour of the plaintiff. The Court held that the mutation was rightly attested and that the sale deed Ex.DW -2/A which formed the basis of the claim of the plaintiff, had been tampered with. The learned trial Court while considering the evidence of DW -2 has made detailed observations as to why the sale deed Ex.DW -2/ A could not be relied upon. In appeal, the learned appellate Court has reversed these findings holding the sale deed Ex.DW -2/A to be genuine and valid as there is no proof on the record of any changes, interpolation etc. being made.

(3.) NO other precedent is required for this proposition which is now well settled. In these circumstances, a declaratory decree cannot be granted to the plaintiff only on revenue records unless a challenge is made to Ex.DW -2/A (sale deed) as being a document having been obtained by fraud, interpolation etc.