The main legal point established in the judgment is that a sale deed is valid only for the land actually owned by the seller, and not for the entire claimed area. Additionally, a co-owner is entitled to joint possession of the land.

JUDGMENT

Rekha Mittal, J. - Challenge in the present appeal has been directed against the judgment and decree dated 26.02.1998 passed by the Additional District Judge, Sangrur whereby appeal filed by the respondent/plaintiff against the judgment and decree dated 13.08.1993 passed by Sub Judge 2nd Class, Sangrur (hereinafter to be referred as the trial Court) was allowed, judgment and decree dated 13.08.1993 were set aside and suit filed by the respondent/plaintiff for declaration that he is owner in possession of land measuring 67 kanal 14 marlas, fully described in head-note of the plaint, was decreed with costs throughout.

2. Baldev Singh son of Natha Singh, respondent/plaintiff staked his claim to the suit land on the basis of sale deed dated 22.11.1978 executed by Mehar Singh @ Mehru. It is pleaded that Mehar Singh @ Mehru and Mst. Sham Kaur widow of Gajjan Singh were co-owners to the extent of half share each in agricultural land measuring 313 kanal 8 marlas situated in the revenue estate of village Rogla, as mentioned in the copy of Jamabandi for the year 1982-83. Balbir Singh son of Mehar Singh was the collateral of Mst. Sham Kaur as per the pedigree table reproduced in para 2 of the plaint. Sham Kaur was not heard of for more than 32 years. The Collector, Sunam vide order dated 15.05.1984 directed deletion of name of Sham Kaur treating her as dead and mutation No.4438 of village Rogla was entered and sanctioned vide order dated 16.07.1984 in favour of Jagir Singh (appellant herein) and the same is illegal as Jagir Singh never succeeded to the estate of Sham Kaur being distant collateral.

3. Balbir Singh son of Mehar Singh was alive at that time and succeeded to the estate of Sham Kaur deceased. Balbir Singh died on 27.01.1985 and he was succeeded by Smt. Surjit Kaur and others, defendants No.2 to 7, who are owners of half share in the land being the heirs and successors of Sham Kaur and Balbir Singh. The disputed land measuring 67 kanal 14 marlas is a part of the entire suit land and the plaintiff was competent to purchase it from the estate of Balbir Singh who succeeded to the share of Sham Kaur. If defendant No.1 is in possession of any portion of the suit land, its possession be got delivered to defendants No.2 to 7.

4. Defendants No.2 to 7 filed civil suit for joint possession on 30.01.1986 against Jagir Singh in which Baldev Singh was also impleaded as defendant No.2. Defendant No.6 who was acting as guardian of defendants No.2 to 5 colluded with defendant No.1 and got the suit dismissed. The Sub Divisional Magistrate, Sunam vide order dated 07.01.1986 got attached the suit land under Section 145/146 of the Code of Criminal Procedure, 1973 and an official Receiver has been appointed to manage the suit land.

5. The appellant/defendant No.1 filed the written statement and in turn raised preliminary objections inter alia locus standi of the plaintiff to file the suit; the suit being without any cause of action; plaintiff being not competent to file suit for possession for benefit of defendants No.2 to 7; simple suit for declaration being not competent; suit being bad for nonjoinder of necessary parties and mis-joinder of parties and the plaintiff being estopped by his act and conduct from filing the suit. On merits, para No.1 of the plaint has been admitted but it has been denied that defendants No.2 to 7 are entitled to succeed to the estate of Smt. Sham Kaur. He has controverted the allegations challenging mutation No.4438 sanctioned in favour of the answering defendant with the averments that mutation qua succession to Mst. Sham Kaur was rightly sanctioned.

6. Mehar Singh had half share in land measuring 313 kanal and the land of his share comes to 156 kanal 10 marlas. Out of this land, he executed registered gift deed dated 08.11.1958 in favour of Jang Singh and Norang Singh sons of Mohan Singh in respect of land measuring 70 kanal 8 marlas, sold 68 kanal 17 marlas to Mukhtiar Singh and others and 12 kanals in fav