IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (1) RSA-4299-2003 (O&M)

Reserved on : 15.09.2025 Pronounced on : 19.09.2025 Smt. Bismillah and others .....Appellant (s)

Vs.

Badlu and others ......Respondent(s)

(2) RSA-4580-2003 (O&M)

Mohammad Isak .....Appellant (s)

Vs.

Badlu and others ......Respondent(s)

(3) RSA-4581-2003 (O&M)

Ali Mohammad and others .....Appellant (s)

Vs.

Badlu and others ......Respondent(s)

CORAM: HON'BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. Sukhandeep Singh, Advocate for Mr. Lokesh Sinhal, Advocate for the appellants in RSA-4299-2003.

Mr. Kulbhushan Sharma, Advocate for the appellant in RSA-4580-2003 and RSA-4581-2003.

Mr. Rajesh Lamba, Advocate and Mr. Vinod Kumar, Advocate for the respondents.

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RAMESH KUMARI J.

Vide this common judgment, above referred three regular second appeals are decided as the issues involved therein are common. For brevity, facts have been taken from RSA Nos. 4299 and 4580 of 2003.

1. (i) Appeal No.4299 of 2003 is filed by all the five legal heirs (Appellants/plaintiffs) of original plaintiff Ismail Khan Madar against the judgment and decree dated 06.03.2003 rendered in Civil Appeal No.55 of 09.05.2001 against the judgment and decree dated 23.04.2001 passed by learned trial Court in Civil Suit No.RBT-624 of 1991, instituted on 12.01.1991/01.08.1997 for permanent injunction. The learned trial Court dismissed the suit and the first Appellate Court dismissed the appeal. The subject matter of the civil suit No.624 of 1991 is as under:-

Land comprising Khewat No.156 khata No.211, Rect. No.56 Killa No.12/1(3-5), 15/2(1-13), 16/1(4-18), 19/2(3-9), 25/2(0-4), Rect. No.57 Killa No.11, (7-7), Rect. No.96(0-17) total 21 kanal 12 marla situated within the revenue estate of village Fatehpur Taga, Tehsil Ballabgarh District Faridabad (Haryana) as per jamabandi for the year 1988-89.

1. (ii) Two appeals bearing numbers RSA-4580 and 4581 of 2003 arise from the judgment and decree rendered by learned first Appellate Court Faridabad (Haryana) in appeal No. RBT 41 of 28.10.2002, instituted on 04.03.1999 decided on 19.05.2003 vide which judgment and decree rendered in Civil Suit No.47 instituted on 12.01.1987/22.03.1987 decided on 30.01.1999 by learned trial Court decreeing the suit for permanent injunction was set aside.

The suit property is as under:-

A Residential house marked by letters ABCDEFG in the site plan enclosed with the plaint, consisting of five rooms of different dimensions, roofed with Chapper, one bonga, one gate and bitoras, a hand pump and several trees of Kikar, Safeda, Shehtoot, etc., situated at village Fatehpur Tagga abadi, Tehsil Ballabgarh, Distt, Faridabad, full dimensions and boundaries of which are as under:-

Boundaries:

On the East : Vacant Land On the west : Vacant land On the North : Agricultural land On the South : Pucca Road Dimensions:

East : 87' (A to B), 60' (E to D) total 121'

West : 108' (B to D) North : 157' (A to B)

South : 61' (G to F) and 60' (E to D)”

1. (iii) Appeal No.4580 of 2003 is filed by Mohd. Isak, son of late Ismail Khan Madar whereas appeal No.4581 of 2003 is filed by Ali Mohd. Ass Mohd., Sher Mohd. (three sons) and Smt. Bismillah (widow) of late Ismail Khan Madar. Ismail Khan Madar was plaintiff before learned trial Court who died during the pendency of the suit and above named appellants were impleaded as his legal heirs.

FACTS OF THE CASE OF THE PLAINTIFF IN CIVIL SUIT NO.47 OF

12.01.1987

2. (i) The pleaded case of the plaintiff before learned trial Court is with regard to absolute owner in actual physical continuous possession and enjoyment of suit property. He purchased the land underneath suit property for consideration of Rs.1500/- in 1949 from Smt. Jainub widow of Hatam Ali @ Kasam Ali and a writing to this effect is duly executed by her in favour of the plaintiff, on receipt of sale consideration in the presence of all the defendants who were present there at that time and witness to the said writing. Ever since its purchase, the plaintiff is absolute owner