Back
PUNJAB AND HARYANA HIGH COURT
Vinod K. Sharma, J.
Naranjan Singh - Appellant
Versus
Bachittar Singh and others - Respondents
R.S.A. No. 1138 of 1982.
Decided On : 15 May, 2007
Adverse Possession - Property Dispute - Punjab Tenancy Act - Section 59 of the Punjab Tenancy Act - Pepsu Ordinance No. XVI of 2005 B.K. - Succession of Sobha Singh - Adna Aala Malkiats abolished by an ordinance of 1949 - Property in the hands of Adna Maliks became their self-acquired property - Daughter entitled to succeed to self-acquired property of her father as against the collateral - Long possession which is not hostile could not ripen into ownership - Possession of defendants had not been open, unequivocal and hostile enough so as to be called adverse possession against the true owners
Fact of the Case:
The suit was filed by the plaintiff-respondents for possession of land claimed to be their share of their grandfather's estate. The defendants contested the suit, claiming ownership of the land as heirs of the deceased grandfather. The court considered issues related to res judicata, the plaintiffs' lineage, the nature of the land, and adverse possession.
Finding of the Court:
The court found that the suit was not barred by res judicata and that the plaintiffs had proved themselves to be the sons of the deceased daughter of the landowner. It held that the property was self-acquired and not ancestral, and that the daughter was entitled to succeed to self-acquired property of her father as against the collateral. The court also ruled that the defendants' possession had not been open, unequivocal, and hostile enough to be considered adverse possession against the true owners.
Issues: The court considered issues related to res judicata, the plaintiffs' lineage, the nature of the land, and adverse possession.
Ratio Decidendi: The court's decision was influenced by the abolition of Adna Aala Malkiats by an ordinance of 1949, which resulted in the property in the hands of Adna Maliks becoming their self-acquired property. It also considered the entitlement of the daughter to succeed to self-acquired property of her father as against the collateral, and the requirement for possession to be open, unequivocal, and hostile to be considered adverse possession.
Final Decision: The regular second appeal was dismissed, affirming the findings of the lower courts on all issues, including adverse possession.
Vinod K. Sharma, J. - This regular second appeal has been filed against the judgments and decrees passed by the learned courts below decreeing the suit filed by the plaintiff-respondents for possession of 101 kanals 9 marlas of land being one third share of 304 kanals 7 marlas situated in village Kauni Tehsil and District Faridkot.
2. The plaintiffs claimed that they are sons of Bhagwan Kaur alias Bhagni alias Bhagan who was the daughter of Sobha Singh son of Gurdit Singh, landowner/proprietor of village Kauni. It was claimed by the plaintiffs that in the Jamabandi for the year 1951-52 of village Kauni, Sobha Singh was owner in possession to the extent of half share along with Sawan Singh and Sucha Singh who had other half share in 431 kanals 3 marlas of land. Sobha Singh is stated to have died on 5.11.1953 leaving behind his daughter Bhagwan Kaur alias Bhagni alias Bhagan as his sole heir to his estate. Share of Sobha Singh used to be cultivated by Sucha Singh and Sawan Singh on Batai and after the death of Sobha Singh tenants paid Batai to Bhagwan Kaur alias Bhagni alias Bhagan. On the death of Sawan Singh, his estate was inherited by his brother Sucha Singh. It was claimed that before consolidation share of Bhagwan Kaur was cultivated by Sucha Singhto the extent of half share, and Arjan Singh, Nazar Singh and Gujjar Singh remaining half share under her. It was further claimed that during consolidation both lines got the land separated. It was claimed that share of Sobha Singh during consolidation was allotted to Sucha Singh and remaining half share, out of share of Sucha Singh was allotted to Gujjar Singh, Arjan Singh and Nazar Singh and was amalgamated with original holding. It was further claimed that in spite of allotment Sucha Singh, Gujjar Singh and Arjan Singh and Nazar Singh continued paying Batai to Bhagwan Kaur alias Bhagni alias Bhagan. Sucha Singh is stated to have died on 2.11.1965 without any issue and the land devolved upon his sister Mst. Sama Kaur who also died on 15.11.1965 and therefore, defendants Dogar Singh and Niranjan Singh started cultivating the share of Bhagwan Kaur alias Bhagni alias Bhagan and even paid Batai to her till her death. After her death Batai was paid to the plaintiffs. Nazar Singh died on 29.6.1970 without leaving any issue while, Gujjar Singh died on 27.1.1972 without any issue. Accordingly, their share devolved upon Sama Kaur who has been paying Batai to the plaintiffs. It was further pleaded that Dogar Singh and Niranjan Singh were in possession of 244 kanals 9 marlas of land while Arjan Singh was in possession of 137 kanals 9 marlas of suit land. Land measuring 244 kanals 9 marlas was said to be in possession of Dogar Singh and Niranjan Singh. It was claimed that the plaintiffs were entitled to 110 kanals 9 marlas of land out of 137 kanals 9 marlas in possession of Arjan Singh. They also claimed 67 kanals 9 marlas of land as sole heirs of their mother Bhagwan Kaur alias Bhagni alias Bhagan. It was claimed that since the defendants refused to make payment of Batai to the plaintiffs after the death of Gujjar Singh, the plaintiffs approached the court for possession of the land on the basis of title.
3. The suit was contested by the defendants. It was pleaded that Bhagwan Kaur alias Bhagni alias Bhagan daughter of Sobha Singh and pedigree table as set up by the plaintiffs was also admitted to be correct. However, it was denied that the plaintiffs were the sons of Bhagwan Kaur. It was claimed that they were not related to Bhagwan Kaur. In the written statement, it was admitted that Sobha Singh was owner of one half share and Sawan Singh and Sucha Singh another half share of 431 kanals 3 marlas of land. It was claimed that Sobha Singh was survived by his daughter Bhagwan Kaur alias Bhagni alias Bhagan. It was also pleaded that Sawan Singh, Sucha Singh and Gujjar Singh and Nazar Singh had died. It was also admitted that Sama Kaur had also died. However, dates of death were deni
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
