- (1.) This is regular second appeal filed by plaintiff Sawinder Singh. He filed civil suit (case No.216/2003) in he Court of Civil Judge (Junior Division), Ajnala, seeking following relief:- (i) declaration that he is owner in possession of 24 kanals 11 marlas of land left by his brother Baldev Singh son of Tarlok Singh, as fully described in head note of the plaint; (ii) sale deed dated 03.07.2003 alleged to have been executed by Baldev Singh in favour of defendant No.1 Veer Singh and defendant No.2 Balkar Singh (respondents No.1 and 2 in this appeal) is illegal, null and void, without consideration and is a forged and fabricated document; (iii) relief of permanent injunction restraining defendants No.1 and 2 from forcibly and illegally dispossessing the plaintiff or interfering in his peaceful possession over the share of Baldev Singh; (iv) restraining the defendants from alienating the suit land by way of sale, mortgage, gift etc. on the basis of sale deed dated 03.07.2003.
(2.) The case of the plaintiff, in brief, is that the suit land measuring 24 kanals 11 marlas was owned by Baldev Singh, brother of appellantplaintiff, who left his house about 20 years back. His whereabouts were not known to the plaintiff as well as the whole village and he was presumed to be dead. The land of share of Baldev Singh was cultivated by the appellantplaintiff for the last 20 years when Baldev Singh left his house, as such, appellant-plaintiff has become owner in possession of the land of share of Baldev Singh. Respondents-defendants No.1 and 2 got the sale deed dated 03.07.2003 of the land of Baldev Singh executed and registered in their favour through an impostor and on the basis of sale deed dated 03.07.2003, are now threatening to alienate the suit land in possession of appellantplaintiff. Respondents-defendants No.1 to 3 i.e. Veer Singh, Balkar Singh and Baldev Singh contested the claim of the appellant-plaintiff in their joint written statement, inter-alia pleading that suit land is joint of the parties. Baldev Singh, brother of appellant-plaintiff is alive and presently residing in District Bastar (Chhattisgarh). He came to the village and executed the sale deed on 03.07.2003 in favour of defendants No.1 and 2. As a result of the sale in their favour, defendants No.1 and 2 became owner in respect of share of Baldev Singh. Denying the plea of plaintiff that whereabouts of Baldev Singh were not known for the last 20 years, it has averred that Baldev Singh used to visit the village and meet his relatives. He also appeared during the mutation proceedings before the revenue authorities. The plaintiff has no right, title or interest to get him declared as dead.
(3.) Pleadings of the parties led to the framing of issues as follows:- (1) Whether plaintiff is owner in possession of land measuring 24K-11M as prayed for in the plaint OPP (2) Whether sale deed dated 3.7.2003 is illegal, forged and fabricated etc. and is not binding upon the plaintiff OPP (3) Whether plaintiff is entitled to permanent injunction as prayed for in the plaint OPP (4) Whether suit is not maintainable OPD (5) Whether plaintiff has no locus-standi and cause of action to file the present suit OPD (6) Whether plaintiff has suppressed material facts from this court If so, its effect OPD (7) Whether suit is pre-mature OPD (8) Whether suit is bad for non-joinder and mis-joinder of necessary parties OPD (9) Relief.;