- (1.) Defendant nos.1,3 & 5 to 7/appellants are in second appeal against the concurrent finding returned by both the courts below whereby suit of the plaintiff/respondent no.1 Surjit Kaur for possession of 37 Kanals 8 Marlas of land was decreed by the learned Additional Civil Judge(Sr.Divn.), Mansa vide judgment and decree dated 08.02.2011 and the findings thereof were affirmed by learned Additional District Judge, Mansa vide judgment and decree dated 29.05.2012.
(2.) In brief, the facts of the case are that Amar Singh was the actual owner of the property measuring 37 Kanals and 08 marlas of land and he was husband of the plaintiff. It was further alleged in the plaint that Amar Singh died 23 years ago and during his lifetime he executed a registered gift deed no.3586 dated 6.2.1968 with regard to 36 Kanals 14 Marlas in favour of the plaintiff and possession was also delivered of the said property. It was further stated that remaining 14 marlas of land was inherited by her, Major Singh, Sarabjit Singh both the sons of Amar Singh after the death of Amar Singh. Plaintiff had further alleged that the revenue entries showing exchange of land with defendant no.1 namely Gamdoor Singh since deceased and Gurdev Singh is forged and fabricated which has been made in connivance with the revenue officials as no exchange had ever taken place among the parties. Thus the said exchange was challenged and consequently the subsequent transfers by the defendants in favour of the other defendants was also challenged by stating that defendants had no right to alienate the property in favour of any person as they had no right at all.
(3.) Upon notice, defendant nos.1,3 & 5 to 7 filed a joint written statement by stating that the property had been exchanged vide agreement dated 20.03.1985 and resultantly mutation no.4575 was also entered in the revenue record. It was further alleged by the defendants that gift deed dated 6.2.1968 was never acted upon by Amar Singh or the plaintiff and thus the same is not binding upon the parties.;