R.S.A. No.4405 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No.4405 of 2009 (O&M) Decided on : 2.3.2010 Shamay Singh .... Appellant VERSUS Baljit Singh & others .... Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER. Present:- Mr. Mahavir Sandhu, Advocate, for the appellant. MAHESH GROVER, J. This Regular Second Appeal is directed against the judgments and decrees dated 22.7.2008 and 30.5.2009 passed respectively by the Additional Civil Judge (Senior Division), Kurukshetra (referred to hereinafter as `the trial Court') and the Additional District Judge, Kurukshetra (for short `the first appellate Court'), whereby the suit and the appeal filed by the plaintiff/appellant have been dismissed. The plaintiff filed a suit for declaration and possession of the property, which allegedly had devolved upon his mother and he had inherited the same from her mother. It was pleaded that the sale deed dated 16.8.1973 was got executed from Smt. Parvari Devi his mother, on the pretext of obtaining Fertilizer from the Cooperative Society. It was, thus, pleaded that the lady was old, illiterate & Pardanasheen, and the R.S.A. No.4405 of 2009 (O&M) -2- respondents by misrepresenting wrong facts got the sale deed executed in their favour. The respondents set up a plea that they were bona fide purchasers. Prior to the sale deed, mortgage with possession was executed by her in their favour vide registered mortgage deed dated 27.5.1963. The sale deed was executed on 23.2.1971 for a consideration of Rs.27650/-. The fraud as set up by the appellant was denied. The following issues were framed:- 1. Whether the plaintiff is entitled to relief of declaration with consequential relief for possession as prayed for?OPP. 2. Whether the plaintiff has no locus standi to file and maintain the present suit?OPD. 3. Whether the present suit is bad for non-joinder of necessary parties?OPD. 4. Whether the suit is time barred?OPD. 5. Relief. Both the Courts found that the sale deed was legal and valid and consequently, the suit and the appeal were, dismissed. Hence, this Regular Second Appeal. After hearing learned counsel for the appellant, I am of the opinion that the contention raised before this Court is totally without any merit. The respondents have been able to prove that R.S.A. No.4405 of 2009 (O&M) -3- there was a registered mortgage deed in the year 1963 in their favour on the basis of which they were in possession. The sale was executed in their favour by Smt. Parvari Devi on 16.8.1973. She is said to have died in 1982. A perusal of the impugned judgments also shows that some land measuring 16 kanals was also sold by her to the respondents by way of a separate sale deed dated 23.2.1971. In this view of the matter, it appears that there were regular transaction between Parvari Devi and the respondents in the shape of mortgage deed and subsequently, the sale deed was executed in the year 1973 and considering the fact that she remained alive till 1982 and during this period she never challenged the earlier transactions in favour of the respondents, I am of the opinion that the plea as raised by the appellant is totally devoid of any substance. Even if the sale deed was to be considered to be invalid, then also the suit was misconceived for the sale deed was executed in 1973 whereas the suit was filed in 2004. The possession of the suit property with the respondents was a fact, which would have been known by the appellant all through out, these years and as to why the suit was filed belatedly has not been explained. To offset the negative presumption in his favour, the appellant pleaded that the land was on batai. If the evidence on record to be seen, no such evidence has come forward from where it can be inferred that the land was on batai and the appellant was receiving the same after the death of Smt. R.S.A. No.4405 of 2009 (O&M) -4- Parvari Devi in 1982. Thus, looking from any angle, this appeal is totally devoid of any merit and is dismissed. The application for stay is also dismissed in view of above. 2nd March, 2010 (MAHESH GROVER) Monika JUDGE