RSA No.3562 of 2012 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.3562 of 2012 (O&M)

Date of decision:07.03.2014

Harpreet Singh @ Happy

....Appellant

Versus

Malkiat Singh and others

....Respondents

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

1.

Whether reporters of local newspapers may be allowed to

see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest?

Present:- Mr. G.D.S.Sandhu, Advocate

for Mr. S.K.Chawla, Advocate

for the appellant.

RAKESH KUMAR GARG, J (ORAL)

Plaintiff filed the instant suit seeking the following relief:-

“Suit for declaration to the effect that the plaintiff is

owner in possession to the extent of 5/9 share out

of land bearing Khasra Numbers 64//25/2(2-11)

71//5/1(5-8) 71//6/2(5-8) 64//24/3(2-7) 71//4(7-8),

7(7-8) total 30 kanals 10 marlas bearing khewat

No.105 khatauni No.412 to 415 situated in the

estate of Dharam Singh Wala, Tehsil Zira now

Moga, District Ferozepur as entered in jamabandi

Kadian Savita

2014.03.15 10:10

I attest to the accuracy and

integrity of this document

High Court Chandigarh

RSA No.3562 of 2012 (O&M)

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1995-96 in the alternate suit for declaration to the

effect that the plaintiff is owner in possession of 3/9

share by virtue of registered sale deed dated

8.7.1968 and 2/9 share relating to Mangatu son of

Devian as defendant/legal representative of

Mangatu have lost the right of redemption of lapse

of time out of suit land.

Alongwith consequential relief of injunction

restraining the defendants No.11 to 32 from

alienating or transferring in any way the suit land or

any other relief which this Hon'ble Court may deem

fit.”

The case of the plaintiff as set out in the plaint is that one

Mangatu son of Devian sold his marusi rights to Rala Ram son of

Jiwan son of Teeka in land measuring 8 kanals 6 marlas situated in

the area of village Dharam Singh Wala vide registered sale deed

dated 5.8.1944. After consolidation, new khasra numbers were

provided in lieu of old khasra numbers. Mangatu has been recorded

as owner/mortgagor of 2/9 share and Rala has been recorded as

mortgagee of 2/9 share under said Mangatu, whereas Rala has

already purchased his rights. Rala Ram had died and his widow

Sodha inherited his 2/9 share in the suit land. Plaintiff purchased

1/3^rd share out of suit land from Faggu son of Nikka, Kartara son and

Kartaro daughter of Labhu son of Nikka vide registered sale deed

Kadian Savita

2014.03.15 10:10

I attest to the accuracy and

integrity of this document

High Court Chandigarh

RSA No.3562 of 2012 (O&M)

3

dated 8.7.1968. As such, the plaintiff became owner in possession of

3/9 share out of suit land over and above 2/9 share stated above.

Mangatu was wrongly recorded as owner/mortgagor to the extent of

2/9 share. After the death of Mangatu, his legal representatives were

wrongly shown as owner/mortgagees in the record. Sham Kaur

widow of Mangatu also died and his son Arjan Singh and daughter

were her legal representative. Remaining defendants were legal

representatives of their respective predecessors.

It was further alleged that there is no dispute regarding

2/9 share owned and possessed by defendants No.1 and 2. There is

also no dispute regarding 1/9 share owned by defendant No.10.

Defendants No.11 to 32 were bent upon and threatening the plaintiff

to alienate or transfer the suit land for which they have no right.

Hence the plaintiff filed suit for declaration that he was owner in

possession to the extent of 5/9 share out of the land measuring 30

kanals 10 marlas situated in the estate of Dharam Singh Wala, Tehsil

Zira now Moga and that he was owner in possession of the suit land

by virtue of registered sale deed dated 8.7.1967. He also sought

relief of injunction restraining the defendants No.11 to 32 from

alienating or transferring in any way the suit land.

Defendants No.3,4,6,7,9 to 16 and