IN THE HIGH Court OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 05.03.2025 Avtar Singh and another ...Appellant(s)

Vs.

Lakhvinder Singh and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vikas Singh Chawra, Advocate for the appellants.

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NIDHI GUPTA, J.

The defendants No. 1 and 3 are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the plaintiffs/ respondents for Permanent Injunction, has been decreed by both the Courts below.

2. At the very outset, it may be pointed out that the present appeal is of the year 2019. However, notice has not yet been issued in the same as the matter has been repeatedly adjourned at request of learned counsel for the appellants.

3. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the ‘defendants No.1 and 3’; and the contesting respondents No.1 to 5 are the ‘plaintiffs’.

4. The plaintiffs filed the present suit seeking decree of permanent injunction against the defendants restraining them from interfering in the use and possession of the plaintiffs over, taking forcible possession of, or alienation, gift and mortgage, of the suit land as described in the plaint, on the basis of illegal purchase of share in the suit land by defendant No. 1 vide Sale Deed No. 6508/1 dated 11.11.2013 from Paramjit Kaur. Paramjit Kaur was not a party to the present proceedings.

5. Brief facts of the case as stated in the plaint are that Sher Singh father of the plaintiffs No. 1 to 4 and husband of plaintiff No. 5 was earlier owner in possession of the suit land as described in the plaint which remained his self acquired property. Sher Singh executed a Will No. 680 dated 10.3.2005 in favour of his sons/respondents/plaintiffs No. 1 to 4. Sher Singh died on 28.9.2009. Pursuant to that, mutation No. 881 of the said Will was sanctioned in favour of plaintiffs No. 1 to 4 in equal share and so they became absolute owners of the suit land measuring 119K 3M. Thereafter, Paramjit Kaur daughter of Sher Singh filed a civil suit for declaration to declare the Will No. 680 dated 10.03.2005 and its mutation No. 881 to be illegal, null and void. The said suit was decreed vide judgment and decree dated 10.05.2012 holding Paramjit Kaur to be joint owner in possession to the extent of 1/7th share out of total agricultural land measuring 119 K 3 M. 6. Against the said judgment and decree dated 10.05.2012, the plaintiffs filed an appeal which is stated to be still pending. During pendency of the said appeal, the said Paramjit Kaur executed an illegal Sale Deed No. 6580/1 dated 11.11.2013 of her 106/1280 share measuring 5 Kanal 6 Marla land comprised in Khewat No. 5 Khatoni No. 22 and her 86/1211 share measuring 04 Kanal 06 Marla land comprised in Khewat No. 8 Khatoni No. 25 to 27 in favour of defendant No. 1 without delivery of possession thereon. It was accordingly pleaded in the plaint, that the defendant No. 1 has no right to enter into possession over specific share in the suit land on the basis of said Sale Deed No. 6580/1 dated 11.11.2013 without its partition, the Sale Deed being of undivided share of vendor in the joint suit land. But despite these facts, defendants are adamant to interfere into use and possession of plaintiffs over, to take forcible possession on the suit land without any legal right or without partition of the suit land. Defendants have been requested several times to desist from their said acts but of no avail. Hence present suit.

7. Upon notice, the defendants appeared and filed joint written statement resisting the suit on various preliminary objections. On merits, the defendants admitted the existence and description of the suit land, judgment and decree dated 10.05.2012, execution of Sale Deed dated 11.11.2013 in favour of defendant No. 1 by Paramjit Kaur of her share. It was further averred that in terms of the said Sale Deed, defendants were put