IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.02.2025 Ram Singh ...Appellant(s)

Vs.

Umed Singh and others ...Respondent(s)

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

***

NIDHI GUPTA, J.

The present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below, whereby the suit for declaration filed by the appellant/plaintiff has been dismissed by the learned trial Court vide judgment and decree dated 22.01.2015; and the appeal filed by the plaintiff against the said judgment and decree dated 22.01.2015 has been dismissed by the learned first Appellate Court vide judgment and decree dated 06.12.2017 with costs.

2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant is the ‘plaintiff’; and the respondents are the ‘defendants’.

3. The brief facts of the case are that the plaintiff filed the present suit seeking declaration to the effect that the plaintiff is owner in possession of the suit land as described in the plaint and is entitled to get the same mutated in his name in the revenue record. A further declaration was sought that the defendants No. 1 to 3 had no right to the suit land in light of undertaking/declaration dated 14.12.1999. Further prayer was made for grant of injunction restraining the defendants from interfering into peaceful cultivating possession of the plaintiff over the suit land.

4. The above said suit was filed by the plaintiff on 21.11.2011. In the plaint, it was pleaded that as per jamabandi for the year 1994-95, plaintiff, Lal Singh (father of defendants No.1 to 3), defendants No.4 to 6, Smt. Meli Devi (mother of defendant No.7) and Smt. Bhateri Devi (mother of plaintiff) were joint owners in possession of land measuring 11 Kanals 6 Marlas, comprised in Khewat No.72 Khata No.183. Plaintiff, Lal Singh, defendants No.4 to 6 and Meli Devi appointed defendant No.4 as their power of attorney vide deed No.122, dated 23.3.1992. Lal Singh was in need of money and he asked plaintiff, defendants No.4 to 6, Smt. Bhateri Devi and Smt. Meli Devi that he wants to sell his share of 7 Kanals out of joint land but vendee wants to purchase specific killa number. He requested plaintiff and other co-sharers to give their consent for the sale of specific Khasra number. He agreed that he will relinquish all his rights into the remaining joint land in favour of plaintiff and other co-sharers. Upon this request of Lal Singh, a family settlement was arrived at in which plaintiff and other co-sharers sold 7 Kanals land in the shape of specific Khasra number, in favour of Rohtash, Karambir and Kabul Singh, vide sale deed No.1257 dated 14.12.1999, registered in the office of Sub Registrar. Lal Singh, in the light of above-mentioned family settlement, executed an undertaking dated 14.12.1999, in favour of plaintiff, defendants No.4 to 6, Smt. Bhateri Devi and Smt. Meli Devi that he had received the whole sale consideration of sale of land through above-mentioned sale deed and he undertook that in the remaining joint land, he shall not claim any share. He also undertook that revenue record shall be corrected in favour of other co- sharers accordingly. This undertaking was duly written and was signed by Ram Singh (Nambardar), as attesting witness. It was attested from Notary Public Shri Vikram Singh Malik, Advocate. In this way, Lal Singh (father of defendants No.1 to 3) was left with no right and title into the remaining joint land. Smt. Bhateri Devi died in the year 1996. Smt. Meli Devi also died. Lal Singh died on 2.8.2008 leaving behind defendants No.1 to 3 as his legal heirs. In the life time of Bhateri Devi, in October 2005, another family settlement took place according to which defendants No.4 to 6 and Meli Devi agreed that plaintiff shall be exclusive owner in possession of the suit land and plaintiff shall have every right to corre