Surinder Gupta, J. - (1.) This judgment will dispose of two appeals captioned above as the matter in issue in both the appeals is similar. Brief facts of Civil Suit No. 60 of 1985 (RSA No. 948 of 1988)
(2.) Ajit Singh, Deep Singh, Gian Singh and Mehnga Singh sons of Sohan Singh filed suit seeking declaration to the effect that they are in possession of the suit land measuring 5 kanals 17 marlas comprised in khata/khatoni No. 72/122, khasra No. 25/8/1 as per jamabandi for the year 1979 -80 of village Behani Ram Dayal, Tehsil Baba Bakala, District Amritsar and are bona fide purchaser of the same for valuable consideration without notice of any defect in the title of Sohan Singh, defendant No. 3 and are entitled to protect their possession against any order or proceedings under the Punjab Utilisation of Surplus Area Scheme or under any other law for the time being in force, initiated by Department of Agrarian, Punjab or Collector, Amritsar, District Amritsar. The plaintiffs also sought relief of permanent injunction to restrain defendants No. 1 and 2 from dispossessing the plaintiffs from the suit land till he is paid back the amount which they had paid to defendant No. 3 along with sundry charges i.e. registration, scribe fee, expenses on the sale deed etc. along with amount spent by them on improvement of the suit land.
(3.) The case of the plaintiffs, in brief, is that they purchased the suit land out of total land measuring 13 kanals 7 marlas bearing killa No. 16/24/22, 25/1 and 25/8/1 from defendant No. 3 Sohan Singh and mutation No. 146 dated 05.04.1983 was sanctioned by the revenue authorities in their favour. At the time of purchase, defendant No. 3 was recorded as owner of the suit land in the jamabandi. The sale certificate issued in favour of defendant No. 3 or the entry in the jamabandi did not reflect that defendant No. 3 had any restricted right of transfer of the suit land. The plaintiffs are bona fide purchasers in good faith treating defendant No. 3 as full owner in possession of the suit land vide sale deed dated 06.04.1984 for a sale consideration of Rs. 8,775/ -. Thereafter, plaintiffs spent about Rs. 8,000/ - on improvement of the land and making it fit for cultivation. Defendant No. 3 had also represented to the plaintiffs that he had unrestricted right to sell the suit land.;