IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.11.2025 Pronounced on: 28.01.2026

1. RSA-136-1994 GURNAM SINGH AND OTHERS ....Appellants Versus BARA SINGH AND OTHERS ...Respondents

2. RSA-137-1994 GURNAM SINGH AND OTHERS ....Appellants Versus KARTAR SINGH AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Vikas Singh, Senior Advocate Ms. Anamika Sharma, Advocate for appellants.

Mr. N.K. Verma, Advocate Mr. C.K. Jaugra, Advocate for respondents.

Parmod Goyal, J.

Appellants/defendants have preferred present appeals being aggrieved by impugned judgment and decree dated 16.12.1993, whereby first appeal preferred by respondents/plaintiffs against judgment and decree dated 16.05.1992, passed by learned Sub Judge, First Class, Amritsar was allowed.

2. Respondents/plaintiffs had filed Civil Suit No.106 of 1983 seeking declaration and permanent injunction, that they are owners in possession of land measuring 58 kanals 19 marlas on the basis of exchange/partition deed dated 22.07.1970 with proforma respondent/

defendant No.1-Ajit Singh.

3. On the other hand, appellants/defendants had filed cross-suit bearing Civil Suit No.105 of 1985, whereby appellants/defendants (being plaintiffs in Civil Suit No.105 of 1985), claimed declaration that they are owners of land measuring 15 kanals 16 marlas vide sale deed dated 06.09.1979 out of land measuring 58 kanals 19 marlas claimed by respondents/plaintiffs (defendants in Civil Suit No.105 of 1985). They had also sought possession for the suit property on the basis of sale deed in their favour.

4. Both the suits were consolidated, tried and disposed of by a common judgment. The suit preferred by respondents/plaintiffs bearing Civil Suit No.106 of 1983 was dismissed, whereas suit preferred by appellants/defendants bearing Civil Suit No.105 of 1985 was decreed vide judgment and decree dated 16.05.1992, passed by Sub Judge, First Class, Amritsar. Aggrieved by judgment and decree dated 16.05.1992, respondents/plaintiffs (also defendants in Civil Suit No.105 of 1985) filed two appeals bearing Civil Appeals No.24 and 25 of 1992. Both the appeals were again disposed of by common judgment and decree dated 16.12.1993. Appeal No.24 of 1992 arising from Civil Suit No.106 of 1983 preferred by respondents/plaintiffs was allowed and Civil Suit No.106 of 1983 preferred by respondents/plaintiffs was allowed. Similarly, Civil Appeal No.25 of 1992 was also allowed and suit preferred by present appellants/defendants i.e. Civil Suit No.105 of 1985 was dismissed.

5. Respondents/plaintiffs in the present case had sought declaration that they are owner in possession of land measuring 58 kanals 19 marlas fully described in the plaint, on the basis of writing dated 22.07.1970, whereby property between Kartar Singh and Ajit Singh was partitioned and exchanged. In addition to claiming their right on the basis of exchange deed dated 22.07.1970, respondents/plaintiffs had also claimed adverse possession over the suit land. Respondents/plaintiffs claimed ownership over land measuring 58 kanals 19 marlas, which includes 15 kanals 16 marlas comprised in Khasra No.185//16/1 (4-16), 16/2 (3-4) and 186//20 (7-16) which proforma defendant-Ajit Singh had sold to appellants/defendants vide sale deed dated 06.09.1979. It was the case of respondents/plaintiffs that land measuring 15 kanals 16 marlas allegedly sold by Ajit Singh in favour of appellants/defendants stood exchanged on 22.07.1970 and stood vested with respondents/plaintiffs. Apart from this, respondents/plaintiffs have also claimed that since they are in possession of suit property for more than 12 years and their possession has been open and hostile for more than 12 years, they have become owners of the suit property by adverse possession also.

6. The contentions raised by respondents/plaintiffs were contested by appellants/defendants claiming to be bonafide purchasers. They had challenged the writing dated 22.07.1970 stating the same