Registered sale deeds carry a presumption of genuineness, placing the burden on vendors to prove non-receipt of consideration.

JUDGMENT :

VIKRAM AGGARWAL, J.

CM-8788-C-2025 in RSA-2555-2025

Prayer in the present application, filed under Section 151 CPC is for condonation of delay of 253 days in re-filing the accompanying appeal.

Heard.

For the reasons mentioned in the application which is duly supported by an affidavit, the same is allowed and the delay of 253 days in re-filing the accompanying appeal is condoned.

CM-8787-C-2025 in RSA-2555-2025 Prayer in the present application, filed under Section 5 read with Section 14 of the Limitation Act, 1963 , is for condonation of delay of 37 days in filing the accompanying appeal.

Heard.

For the reasons, mentioned in the application which is duly supported by an affidavit, the same is allowed and the delay of 37 days in filing the accompanying appeal is condoned.

CM-8796-C-2025 in RSA-2556-2025

Prayer in the present application, filed underSection 151 CPC is for condonation of delay of 252 days in re-filing the accompanying appeal.

Heard.

For the reasons, mentioned in the application which is duly supported by an affidavit, the same is allowed and the delay of 252 days in re-filing the accompanying appeal is condoned.

RSA-2555-2025 (O&M) and RSA-2556-2025 (O&M)

This judgment shall dispose of the afore-titled two regular second appeals, both directed against the judgment and decree dated 17.05.2024, passed by the Court of Additional District Judge, Hoshiarpur, dismissing the appeals preferred by the appellants against the judgments and decrees dated 23.12.2015, passed by the Court of Civil Judge (Junior Division), Hoshiarpur vide which the suit for recovery of Rs.11,29,687/- filed by Rattan Kaur etc. was dismissed whereas suit for possession of land, filed by Harjinder Singh was decreed.

2. The dispute in the instant regular second appeals is with regard to land measuring 35 kanals 11 marlas (fully described in the plaint), situated in Village Chak Swana, Tehsil and District Hoshiarpur (hereinafter referred to as ‘the suit land’). The owners of the suit land were Rattan Kaur and Kulwant Singh. Notably, Rattan Kaur is the mother of Kulwant Singh.

3. Two suits were instituted, one being Civil Suit No.48 of 2007 instituted by Rattan Kaur and Kulwant Singh for recovery of Rs.11,29,687/- alongwith interest @ 12% per annum against Harjinder Singh. The second suit was Civil Suit No.45 of 2007, filed by Harjinder Singh against Rattan Kaur, Kulwant Singh and one Hansa for possession of the suit land and for permanent injunction restraining the defendants from interfering in the peaceful possession of Harjinder Singh over the suit land.

4. Rattan Kaur and Kulwant Singh shall be collectively referred to as ‘the vendors’ and Harjinder Singh shall be referred to as ‘the vendee’.

5(i). The case set up by the vendors was that Rattan Kaur had appointed her son Kulwant Singh as her general power of attorney holder vide registered GPA dated 19.11.2001. Kulwant Singh entered into an agreement to sell on 20.11.2001 with the vendee qua the suit land and agreed to sell the same @ Rs.2,45,000/- per acre. Rs.1,00,000/- was paid as earnest money. A further sum of Rs.1,00,000/- was agreed to be paid by 20.12.2001 and the balance amount was to be paid on or before 20.05.2002. It was averred that though the rate of the land in the agreement to sell was mentioned as Rs.2,40,000/- per acre but actually it was agreed at Rs.4,50,000/- per acre.

5(ii). It was averred that the sum of Rs.1,00,000/- was not paid on 20.12.2001 and was instead paid on 07.02.2002. The date for execution of the sale deed was extended to 31.08.2002. A further sum of Rs.50,000/- was paid on 01.05.2002. Rs.40,000/- were paid on 27.08.2002. The date for execution of the sale deed was again extended from 31.08.2002 to 15.10.2002. Endorsements with regard to payments and extensions were duly made at the back of the agreement. Accordingly, a sum of Rs.2,90,000/- was paid.

5(iii). It was further averred tha