Surinder Gupta, J. - (1.) This is appeal against the judgment and decree passed by Additional District Judge, Hoshiarpur, whereby the first appeal filed by plaintiff-respondent No. 1 was accepted and the suit filed by him seeking declaration that he is joint owner in possession of the land measuring 2 kanals 10 marlas out of land measuring 43 kanals 12 marlas situated in village Hardokhanpur, H.B. No. 224, on the basis of registered sale deed dated 07.09.2001, was decreed and the sale dated 08.01.2005 and the sale certificate issued by District Consumer Disputes Redressal Forum, Hoshiarpur (later referred to as 'the Consumer Forum') was held to be illegal, null and void qua this land and not effective on the rights of the plaintiffs.
(2.) The case of the plaintiffs, in brief, is that he had purchased 2 kanals 10 marlas of land out of suit land vide sale deed dated 07.09.2001 from Prime Green Forest Ltd. In proceedings against Prime Green Forest Ltd., before the Consumer Forum, land of M/s Prime Green Forest Ltd. was attached along with the land measuring 2 kanals 10 marlas purchased by the plaintiff. In the auction, said land was purchased by Sukhchain Singh, predecessor-in-interest of defendants No. 1 to 5 (now appellants). Plaintiff alleged that Prime Green Forest Ltd. was not the owner of the suit land on 08.01.2005, as such, any sale in excess of the share of original owner, does not confer any better title on defendants No. 1 to 5.
(3.) The claim of the plaintiff was contested by defendants No. 1 to 5 on the ground that the suit land including the land measuring 2 kanals 10 marlas was owned by Prime Green Forest Ltd. and out of it, land measuring 36 kanals 7 marlas was purchased by Sukhchain Singh, predecessor-in-interest of defendants, in an open auction held by the Consumer Forum on 08.01.2005. The sale was confirmed on 12.01.2005 and sale certificate was issued in favour of Sukhchain Singh on 18.01.2005. Sukhchain Singh and after his death on 14.05.2006, his successors-in-interest are owners in possession of land measuring 36 kanals 7 marlas. It was alleged that plaintiff never became owner of the suit land. He had full knowledge regarding attachment, auction and sale of the land measuring 36 kanals 7 marlas in favour of Sukhchain Singh.;