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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Shri Hardayal Singh, (deceased) thr LRs – Appellant
Versus
Gurcharan Kaur, (deceased) thr. Lrs – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
Introductory Facts: The present regular second appeal has been preferred by the defendant against the concurrent findings recorded by the Courts below.
2. The suit for possession based on inheritance, relating to the property in dispute, was instituted by the plaintiff – Smt. Gurcharan Kaur (now represented through her legal representatives). The suit was decreed by the learned Trial Court vide judgment and decree dated 30.11.1992, and the appeal filed by the defendant–appellant Hardayal Singh (now represented through his legal representatives) was dismissed by the learned First Appellate Court on 27.07.1996.
3. For the sake of convenience and clarity, the parties shall be referred to as per their status before the Trial Court. The trial Court record has been requisitioned and perused.
4.1 Plaintiff’s Case: The subject matter of dispute is land measuring 185 kanals 9 marlas, situated in village Shahnal, Tehsil Ratia, District Fatehabad, as detailed in head-note of the plaint. The land was originally owned by Ishar Singh son of Assa Singh, who was married to Smt. Bhagwan Kaur. The plaintiff, i.e. Gurcharan Kaur is the admitted daughter of Ishar Singh and Smt.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
A party cannot simultaneously claim title and adverse possession as they are mutually exclusive. Inheritance-based suits are not subject to limitation. A declaratory suit for agricultural land is mai....
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