IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.08.2025 Amrik Singh ...Appellant(s)

Vs.

Charan Singh and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Narinder Kumar Vadehra, Advocate for the appellant.

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NIDHI GUPTA, J.

Present Second Appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the appellant for declaration that plaintiff is owner in possession of residential house and three shops on its front including site underneath it shown by words ABCD and by red colour in the site plan annexed with the plaint and which is bounded below:-

North: House of Sh. Narinder Singh South: Gurdaspur Mukerian Road East: House of Narinderjit Singh West: Plots of Smt. Surinder Pal Multani located on Gurdaspur Mukerian Road, in the revenue estate of Village Chawa, Tehsil and District Gurdaspur; OR in the alternative, Suit for possession of plot shown by words PQRS and by red colour in the site plan forming part of Killa No.16 as per terms of the Sale Deed dated

10.09.1986 and which is bounded as below:-

North: Agricultural land South: Gurdaspur Mukerian Road East: House of Sowaran Singh West: Plots of Smt. Joginder Kaur and Paramjit Kaur situated in the revenue estate of Village Chawa, Tehsil and District Gurdaspur, has been dismissed with costs by both the Court below.

2. Brief facts of the case as pleaded by the plaintiff in the plaint are that he has purchased plot measuring 15M comprising in Killa No. 14/1 Min. East of Rectangle No. 7 vide registered Sale Deed dated 10.09.1986 for a consideration of Rs.10,000/- from Mula Singh. Demarcation of the same was done and possession was handed over to the plaintiff by predecessor in interest of the defendants. Plaintiff did not get mutation sanctioned in his name despite execution of Sale Deed in his favour; and raised construction of his house on the said plot; where plaintiff is living with his family. It is pleaded that some months back, PWD officials had visited the village Chawa for conducting survey and only then, plaintiff found out that his name is not recorded in the revenue records regarding the plot. Plaintiff further discovered that land measuring 1K 4M comprised in killa No.14/1(1-0), 14/1/2(0-1), 14/1/2/1 of Rect. No.7 including plot in dispute has already been sold by vendor in favour of one Sant Singh son of Dula Singh vide registered sale deed dated 05.10.1983. Accordingly, said Sant Singh was recorded in the revenue record as owner of Killa No. 14/1 of Rect. No.7. It is pleaded by the plaintiff that in actual fact, the plot in dispute is not located in killa No. 14/1 rather falls in killa No.14/2 of Rectangle No.7 which is owned by Mula Singh. However, due to mutual mistake, the Sale Deed mentioned the incorrect killa No. as

14/1 instead of 14/2. It was accordingly prayed that as plaintiff is coming in possession of residential house constructed on the plot since date of construction. As such, plaintiff be declared owner in possession of plot in disputed. It was further prayed that as per the terms of sale deed dated 10.09.1986 it was undertaken by the vendor Mula Singh that in case the property gets out of the possession of vendee then vendee would be entitled to similar plot out of the remaining land of Mula Singh. It has been further stated that the actual plot was not delivered to Plaintiff and by mistake another plot marked ABCD was given to Plaintiff and Plaintiff took the possession of the same believing it to be the one which has been purchased by him vide sale deed dated 10.09.1986. As per sale deed 10.09.1986 Plaintiff is entitled to the plot shown by the words PQRS, at present in possession of Defendants, as an alternative relief. Plaintiff approached Defendants and requested them to admit his claim, but Defendants flatly refused. With these pleadings, present suit was filed on

28.01.2012.

3. Upon notice, defendants appeared and resist