RAJ MOHAN SINGH, J. - (1.) This Regular Second Appeal has been preferred by the plaintiff -appellants against the judgment and decree dated 20.07.2011 passed by District Judge, Ferozepur whereby judgment and decree dated 06.08.2010 passed by Civil Judge (Jr. Divn.) Ferozepur was upheld.
(2.) Brief facts as gathered from the record are that the plaintiff through his legal representatives filed suit for declaration to the effect that sale deed dated 12.11.2001 executed by defendant No.1 in favour of defendant No.2 in respect of specific Killa numbers bearing Rectangle No.36, Killa No.18/2 (4 -0), 19 min shark (1 -15), Killa No.19 Min Gard (2 -0), 21 Min (0 -5) measuing 8 Kanals situated in village Mohkam Bhatti was null and void and the same was not binding upon the rights of the plaintiff being result of fraud played by the defendants. A decree for permanent injunction was also sought as a consequential relief, restraining the defendants from alienating the suit land and also from interfering in the peaceful possession of the plaintiff.
(3.) Plaintiff -Malkiat Singh and defendant No.1 were real brothers. Plaintiff died leaving behind the legal representatives as depicted in the memorandum of parties in the impugned judgment of trial Court. It was alleged that plaintiff and defendant No.1 had exchanged their land with each other. Defendant No.1 gave 40 Kanals of Banjar Qadim land in village Mohkam Bhatti to the plaintiff and got very good land measuring 12 Kanals in village Firozeshah. It was alleged that a document of transfer in the form of affidavit was prepared at Ferozeshah on a stamp paper of Rs.3/ - on 31.12.1982. The said document was written by the Deed Writer in the presence of witnesses namely Tarlochan Singh and Hazara Singh. The land of defendant No.1 was Banjar Qadim at the time of exchange. After the exchange the plaintiff incurred huge expenses for improving the condition of the land, whereas the land given to the defendant No.1 in village Ferozeshah was in very good condition. After the exchange of the land, the defendant No.1 had no right, title or interest in the property. Plaintiff -Malkiat Singh made the land worth cultivation after removing wild growth of booties and sarkandas from the land. Plaintiff incurred huge expenses in levelling the land and also installed electric meter in it. The possession of the plaintiff over the land so exchanged remained peaceful throughout which bore Rect. No.36 Killa 18/2(4 -0), 19 min shark (1 -15), Killa 19 min Garb (2 - 0), 21 min (0 -5) i.e. the suit land.;