Rekha Mittal, J. - (1.) The present regular second appeal lays challenge to the judgment and decree dated 13.09.2011 passed by the Additional District Judge, Fast Track Court, Bathinda whereby the judgment and decree dated 06.04.2009 passed by the learned trial Court has been set aside and as a result, the suit filed by the appellants claiming ownership and possession of suit land has been dismissed.
(2.) The facts, in brief, are that the grandfather of the appellants Sh.Kartar Singh was the owner in possession of land measuring 39 kanals 19 marlas bearing khasra No. 134//6(8 -0), 14(8 -0), 15/1(5 -11), 13/5(6 -4), 133/10/2(6 -13), 11/1(5 -11) situated at village Kalyan Sukha, Tehsil and District Bathinda. The respondents -defendants No. 1 to 3 and Kaka Singh (since deceased) sons of Bhag Singh were owners in possession of land measuring 36 kanals 11 marlas bearing khasra No. 1429(3 -14), 1430(10 -13), 1431(5 -0), 1432(6 -2), 1433(11 -2) situated at village Kishanpura @ Kuti, Tehsil and District Bathinda. In the year 1978, through an oral exchange, land measuring 39 kanals 19 marlas was exchanged by predecessor -in -interest of the appellants with land measuring 36 kanals 11 marlas of the respondents -defendants. The parties had taken possession of their respective land after exchange and mutations were also sanctioned in regard thereto. On the basis of said exchange, the appellants became owners in possession of 36 kanals 11 marlas of land at village Kishanpura @ Kuti and the respondents -defendants are the owners in possession of 39 kanals 19 marlas at village Kalyan Sukha.
(3.) Sh.Naranjan Singh son of Sh.Bishan Singh, co -sharer of the respondents filed an application in the year 1991 before the revenue Court for partition of land measuring 36 kanals 11 marlas received by the appellants. The revenue Court has passed an order of partition in favour of Naranjan Singh and reduced land of the appellants to the extent of 14 kanals 8 marlas out of land measuring 36 kanals 11 marlas. The appellants approached respondents No. 1 to 3 and Kaka Singh and apprised them that land measuring 14 kanals 8 marlas out of 36 kanals 11 marlas of the appellants would be excluded according to Naksha Bey and the respondents agreed that if after partition, the appellants suffered a loss of land measuring 14 kanals 8 marlas then they will give land measuring 14 kanals 8 marlas bearing khasra Nos. 134//6(0 -4), 13(6 -4) and 14(8 -0) situated at village Kalyan Sukha to the appellants. It was also agreed that if the respondents failed to do the same, the appellants can approach the court. An agreement dated 14.07.1992 was executed between the parties. It is further averred that vide order dated 09.06.2003, sanad taksim has been issued and 14 kanals 8 marlas out of land measuring 36 kanals 11 marlas has been excluded. The respondents failed to honour their commitment made vide agreement dated 14.07.1992.;