R.S.A.No.2715 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2715 of 2009 Date of Decision : 04.09.2009 Harbhajan Singh ...Appellant Versus Amarjit Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. J.R.Mittal, Sr. Advocate, with Mr. Kashmira Singh, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) Defendant No.1 is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby suit for possession of land measuring 2 Kanals 17 Marlas, was decreed in appeal. It is the case of the plaintiff-respondents that the suit land was owned by Balwant Singh S/o Bodh Singh. He died on 20.1.2004. After the death of Balwant Singh, the defendants harvested the the wheat crop and took possession of the suit land forcibly. It was found that though the mutation of the inheritance was sanctioned in favour of the plaintiffs, but Pritam Singh, predecessor-in-interest of the defendants has been shown as gair marusi tasavar bai over the suit land. Such entry came to the knowledge of the plaintiffs after the death of Balwant Singh. Taking benefit of such entry, the defendants have taken possession of the suit property in the month of May, 2004 and, thus, the plaintiffs claimed possession of the suit land. R.S.A.No.2715 of 2009 2 In para 9 of the preliminary objection of the written statement, it was pointed out that in fact Balwant Singh, predecessor-in-interest, of the plaintiffs was owner of land measuring 10 kanals 5 marlas. The said land was sold to Pritam Singh and Kapur Singh sons of Boor Singh, vide sale deed dated 10.5.1954. After consolidation took place, the land measuring 2 kanals 11 marlas consisting in khasra No.56/20/3 fell to the share of Pritam Singh. On 20.3.1965, Balwant Singh and Pritam Singh exchanged the land measuring 2 kanals 11 marlas. The said land was given to Balwant Singh by Pritam Singh and Balwant Singh has given land measuring 2 kanals 17 marlas comprising in khasra No.56/24/1 (2-2) and 23/1/2(0-15) to Pritam Singh. It was the said land, which is the subject matter of the present suit. The defendants alleged that on the basis of such exchange, the mutation was sanctioned on 18.10.1966, whereby Pritam Singh has been reflected as gair marusi tasavar bai. It is, thus, pleaded that the defendants are in possession by virtue of exchange, since the year 1965. Learned first Appellate Court found that there is no basis for mutation of exchange Ex.D-4. Though, the mutation is said to be passed on same order of the Court, but no such order has been produced. There is no rapat roznamacha to reflect the factum of exchange and that in subsequent record Balwant Singh is recorded as owner, whereas Pritam Singh recorded as tasavar bai. Such entry is without any basis. It was, thus, found that the defendants are in unauthorized possession of the suit land and consequently, decreed the suit. Learned counsel for the appellant has vehemently argued that from the date of exchange in the year 1965, the defendants are in R.S.A.No.2715 of 2009 3 possession of the suit property. Such possession of the defendants is that of a owner, therefore, the judgment and decree passed by the learned first Appellate Court is not sustainable. I do not find any merit in the argument raised. The learned first Appellate Court has rightly found that the mutation of exchange is not preceded by any rapat roznamacha. Balwant Singh is recorded as owner in jamabandi for the year 1964-65 Ex.D-3. He is reflected as owner ever subsequent to the mutation, though Pritam Singh is recorded as a person in possession. There is no basis to support the entry of mutation. If the mutation was document of exchange of ownership, the name of Pritam Singh would have found mentioned in the column of ownership. It is not so. Thus, the findings recorded by the learned first Appellate Court, cannot be said to be suffering from any patent illegality or irregularity, which may give rise to any substantial question of law for consideration of this Court in second appeal. Dismissed. 04.09.2009 (HEMANT GUPTA) Vimal JUDGE