PARGAT SINGH Vs. KABAL SINGH
LAWS(P&H)-2003-3-49
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 26,2003

PARGAT SINGH Appellant
VERSUS
KABAL SINGH Respondents

JUDGEMENT

HEMANT GUPTA, J. - (1.) THIS is plaintiff's second appeal arising out of a suit for declaration to the effect that he is owner of the land measuring 17 Kanals 12 Marlas situated in village Khem Karan, Tehsil Patli, District Amritsar.
(2.) THE plaintiff claimed that the suit land was allotted to him in lieu of Khasra Nos. after the consolidation of holdings in the year 1948, but the defendants in collusion with the revenue officials alleged themselves as vendees of the suit land and got an entry recorded in the revenue papers which was wrong and incorrect. The plaintiff denied having sold the suit land to the defendants. The suit was contested by the defendants. It was stated that the plaintiff was not possession of the suit land. The defendants raised a preliminary objection that the suit was bad for non-joinder of necessary parties as one Prem Lal Singh also, along with the plaintiff had sold the suit land to the defendants vide registered sale deed dated 15.1.1964 but the said Prem Lal Singh had not been made a party to the suit. It was also stated that the defendants purchased the suit land from the plaintiff and his brother Prem Lal Singh vide sale deed dated 15.1.1964 and since then they were in possession of the suit land. The defendants also pleaded that they had become owners of the suit land by adverse possession.
(3.) IN support of his claim, the plaintiff himself appeared as PW-1 and tendered in evidence a copy of jamabandi for the year 1970-71, Exhibit P-1; another copy of jamabandi for the year 1964-75 Exhibit P-2; copy mutation No. 2932 Exhibit P-3; copy of Kharsa Girdawri from 1965 to 1970 Exhibit P-4; copy of order of Sub Divisional Officer (Civil) Patti, Exhibit P-5; copy of Naqsha Hakarwar Exhibit P-6; Field Books Exhibits P-7, P-10 and P-11 and also copies of jamabandis Exhibits P-8 and P-9 pertaining to the years 1975-76 apart from other documents. On the other hand, the defendant Kabal Singh himself appeared as DW-2. The defendants also examined one Arjan Singh as DW-1, apart from tendering certain revenue documents in their evidence.;


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