Validity of sale deed and proof of consideration are crucial in determining ownership disputes.

V.K.Bali, J.

1. By this common order, I propose to dispose of two connected Regular Second Appeals bearing Nos. 1655 and 1656 of 1989, as common questions of law and fact are involved in both these appeals. Learned counsel representing the parties also suggest likewise. The bare minimum facts that need a necessary mention have, however, been extracted from Regular Second Appeal No. 1655 of 1989, The State of Punjab versus Gurmel Singh another.

2. Gurmel Singh (hereinafter referred to as the plaintiff), claiming ownership over the suit land on the basis of registered sale deed dated 15.1.1981 for a consideration of Rs. 45,000/- as also on the basis of possession pursuant to the sale deed aforesaid, filed a suit for possession against the appellant-State of Punjab (hereinafter referred to as the defendant).

3. In the written statement that came to be filed by the defendant, cause of the plaintiff was sought to be opposed on the basis of gift made by Mahant Bhagwant Dass, owner of the property, who, earlier in point of time, as per the version of the plaintiff, sold the same very land, subject matter of the gift, vide registered sale deed dated 15.1.1981. On the basis of pleadings of the parties, learned trial Court framed the following issues:-

"1. Whether the suit is properly valued for the purposes of court fee and jurisdiction? OPP

2. Whether the plaintiff is owner of the suit land? OPP

3. Whether the plaintiff is entitled to possession of the suit land? OPP.

4. Whether S. Iqbal Singh Sidhu, Executive Magistrate, Gidderbaha had accepted the donation of the suit land bonafidely on behalf of the Pb. Govt. from the donor after making full enquiry as to the validity and genuineness of the donors title? OPD

5. Relief."

4. Trial resulted in dismissing the suit by learned trial Court vide judgment and decree dated 9.4.1986. Aggrieved, the plaintiff filed an appeal, which has since been allowed vide judgment recorded by learned Additional District Judge, Faridkot, dated 3.1.1989, thus, upsetting the judgment and decree passed by learned trial court. It is against the judgment passed by learned first Appellate Court that present Regular Second Appeal has been filed by the defendant.

5. Mr. D.V. Sharma, learned Additional Advocate General, Punjab, appearing on behalf of the defendant-State, vehemently contends that sale deed, Ex. P-1, dated 15.1.1981 was bnly a paper transaction, as has been rightly held by leaned trial Court and the findings that have been arrived by learned trial Court on the basis of evidence should not have been upset by learned first Appellate Court. It is, however, not disputed that if sale deed dated 15.1.1981 is to be held to be a valid document, Mahant Bhagwant Dass would have no right whatsoever to gift the same very, land, subject matter of the sale. In arriving at a conclusion that sale deed, Ex. P-1, was a valid document and was for a consideration, learned first Appellate Court observed thus:-

"In order to prove the ownership by the plaintiff, he has examined Sh. R.S. Garg, Advocate, PW-1, who is the attesting witness of the sale deed, Ex.P-1 and Surinder Kumar the scribe of the same. Both are consistent in their statements that it was written at the instance of defendant No. 1 in favour of the plaintiff. PW-3 Tek Chand, who is the attorney of the plaintiff, has also lent corroboration to the version of the plaintiff regarding the purchase of the suit land by the plaintiff from defendant No. 1 on the basis of the duly proved sale deed, Ex.P-1. The learned trial court has mainly decided issues No. 2 and 3 against the plaintiff on the ground that this is a paper transaction as no consideration passed on the basis of the sale deed. It was further found by the trial Court that possession was also not delivered to the plaintiff at the time of the execution of the sale deed. However, I am of the opinion that the findings given by the trial Court for discarding the sale deed are not tenable. As regards t