PARAMJEET SINGH, J. - (1.) THIS regular second appeal is directed against the judgment and decree dated 02.05.2012 passed by learned Civil Judge (Junior Division), Fazilka whereby the suit for permanent injunction filed by the appellants/plaintiffs, has been dismissed as well as against the judgment and decree dated 10.09.2013 passed by learned Additional District Judge, Fazilka, whereby the appeal preferred by the appellant/defendant has also been dismissed.
(2.) FOR convenience sake, reference to parties is being made as per their status in the civil suit. The detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiffs filed a suit for permanent injunction on the averments that plaintiffs are owners in possession of land measuring 26 kanals 04 marlas comprised of Rect. Nos.14 killa No.8(8 -0) 10(7 -0), 9(8 -0), Rect. No.13, Killa No.6/2(0 -18), 6/1 min (2 - 2), Khewat No.114, 106, Khatoni No.229, 217 as per jamabandi for the year 2003 -2004 situated in the revenue estate of village Behak Hasta Uttat, Tehsil Fazilka. Previously, defendant No.3 was owner in possession of the said land being 464/2609 share of 130 kanals 9 marlas comprised of khewat No.105 i.e. 1/2 share of rect. No.13, Killa No.6/2(0 - 18), 15/2(1 -2), Khewat No.114 of 40/323 share of land measuring 16 kanals 3 marlas comprised of Rect. No.10, Killa No.23/2(7 -0), 24/1(2 - 1), Rect.No.13, Killa No.6/1(7 -2), Khewat No.106. The defendant No.3 sold the suit land in favour of the plaintiffs for valuable consideration vide registered sale deed dated 7.6.2005 and delivered the actual physical and vacant possession to the plaintiffs. The mutation No.2398 stands sanctioned in this regard. The delivery of possession of specific khasra numbers is also mentioned in the sale deed itself. The defendants have got no right to interfere in the ownership or possession of the suit land.
(3.) UPON notice defendants appeared and filed written statement inter alia taking preliminary objections that the suit is not maintainable, plaintiff has come to Court with unclean hands, plaintiff has no cause of action and locus standi to file the suit etc. On merit, it was averred that the plaintiffs had purchased 26 kanals 04 marlas i.e. 464/2609 share. The plaintiffs had not purchased the specific khasra numbers, rather they purchased the land as share. The plaintiffs had promised to re -pay the loan to the bank on the said land which still has not been re -paid by them nor they have paid balance sale consideration to defendant No.3. There is no delivery of possession of any specific khasra of the land.;