IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 12.02.2026 Aliman ...Appellant(s)

Vs.

Abdul Hannan and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Tanmoy Gupta, Advocate for the appellant.

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NIDHI GUPTA, J.

Plaintiff is in Second Appeal against the concurrent judgments and decrees of the ld. District Courts; whereby suit filed by the appellant for declaration and permanent injunction, has been dismissed by both the District Courts.

2. Brief facts of the case of the plaintiff as pleaded in the plaint are that one Sh. Noor Mohd son of Sh. Hasandeeen resident of village Malai, Tehsil Hathin, District Palwal, the father of defendant no.1 was co- sharer in joint possession to the extent of 1/4th share of the agricultural land comprising of khewat /khatoni no. 489/566, rect no. 11, killa no. 27(0-4), rect no. 8, killa no. 21/1 (5 - 15) rect no. 9, killa no. 22(2 - 4) rect no. 10, killa no. 1/1/1(1-11), 10/2/1(3-12), 11/1 (0 – 9), rect no. 11, killa no. 5/1 (7 – 9), rect no. 17, killa no. 3/1/1 (1 – 16), 8/2/ 1 (2 – 18), rect no. 19, killa no. 2(5-13), 9(9-10), 12(8-0), 13(5-11), 17(1-16), 18/1 (0 – 3), 23/1 (5 – 3), 23/2(2-17), 24(2-0) total measuring 67 Kanal -00 Marlas situated within the revenue estate of village Malai, Tehsil Hathin, District Palwal, vide Jamabandi for the year 1998-1999. It was further averred that vide Jamabandi for the year 1998-1999 Noor Mohd sold away the area of 3 Kanal -18 Marlas to Sh. Allaha Bux son of Ramjan (defendant no.2) bearing khewat/khatoni no. 446/528, rect no. 19, killa no. 12(8-0), 13(5-11), 17(1- 16), 18/1(0-3) total measuring 15 Kanal -10 Marlas to the extent of 1/4th share which comes to 3 Kanal -18 Marlas by getting recited the specific killa numbers 12, 13, 17, 18/1 to the extent of 1/4th share and got the mutation of sale bearing No. 3819 dated 14.10.1999 of these specific killa numbers as per sale deed dated 14.5.1999. Allaha Bux further sold away the area in the form of specific killa numbers to Juhuruddin son of Noor Mohd (defendant no.3) 1/4th share in killa no. 19/13(5-11), 17(1-16), 18/1(0-3), 12/2(1-7), to the extent of 1/4th share and killa no. 9/22(2-4), 19/2(5-13), 9 (9-10) to the extent of 1/12th share vide sale deed dated 4.5.2011 vide mutation no. 4197 of 18.7.2011. Subsequently Late. Sh. Noor Mohd son of Hassanddin got suffered an admissive decree dated 10.1.2000 in favour of his son Sh. Abdul Hannan son of Noor Mohd (defendant no.1) getting recorded also specific killa numbers to the extent of 19/12 share i.e. 14 Kanal -7 Marlas and the consequent mutation no. 3829 dated 23.5.2000 was also got sanctioned of specific killa numbers bearing rect no. 8, killa no. 21/1(5-5), 9/22(2-4), rect no. 10, killa no. 1/1/1(1-11), 10/2/1(3-11), 11/1(0-9), 11/27(0-4), 17/3/1/1(10-16), (8/2) / 1 (2 – 19), 19/2 (5 –13), 19/9(9-10), 18/2(7-17), 23/1(5-3), 23/2(2-17), 24(2-0), 694(0-2), 695(0-2), 704(0-2), 705(0-2), 20/3(9-15), 10/9 (8-0), 10/1 (4 - 7) total measuring 73 Kanal -19 Marlas vide mutation no. 3829 as given in the decree in favour of Abdul Hanan, defendant no.1. It is further submitted that the defendant Abdul Hanan son of Sh. Noor Mohd., i.e. the defendant no. 1 further sold away specific killa numbers to the plaintiff by getting recited khewat/khatoni no. 489/586 rect no. 19, killa no. 9(9-10), 12(8-0) to the extent of 17 Kanal-10 Marlas to the extent of 80 /350 prime share and which comes to 4 Kanal 00 Marlas vide sale deed dated 21.7.2004. But the mutation of sale was declined by Revenue Authorities as killa no. 19/12 (8-0) has already been sold and mutated in favour of Allah Bux.

3. It was further contended that in fact Noor Mohd son of Hassandin was only co-sharer to the extent of 1/4th share in khewat no. 489/ 446 khatoni no. 566 measuring 67 Kanal-00 Marlas vide jamabandi for the year 1998-1999, so he was not competent to sale away the specific killa numbers either to Allha Bux son of Ramjan and suffer decree in favo