Randhir Kaur (Deceased) Through Her Lrs vs Balwinder Kaur

The Gift Deed was executed by the Donar viz Smt. Randhir Kaur through her husband as power of attorney holder. The Gift Deed was witnessed by Mr. Ujjagar Singh, Nambardar, Parowal. The second witness was Mr. Balwant Singh, the Principal of the School.

3.4 Mr. Balwant Sing, Principal had the lands of the school mutated in his own name on 29.10.1988 vide mutation 3 of exchange no.1824, based on the aforesaid agreement of exchange.

OR In the alternative a decree for declaration to the effect that the defdt. No.2 is owner in possession of land measuring 4 kls 10 mrls bearing Khewat No.94, Khatauni No.124, Khasra No.756/567 (4­10), situated in the area of Vill­ Parowal, The­Garhshankar. Distt­Hoshiarpur and that the mutation No.1824 allegedly regarding exchange of above said land from the name of defdt. No.2 in the name of husband of defdt. No.1 i.e. Balwant Singh is wrong, incorrect, illegal, unlawful, null and void­ab­initio, ineffective and inoperative, against the rights of defdt. No.2 and is liable to be set aside and that the entries in the column of ownership of Jamabandi 1994­95 showing the defdt. No.1 as owner of the said land 4 are wrong, incorrect, illegal, unlawful, null and void, having no effect on the rights of defdt. No.2 and are liable to be corrected to show the defdt. No.2 as owner in possession f the same with a consequential relief of Perpetual Injunction restraining the defdt. No.1 from execution any instrument of alienation in favour of some third person by taking undue­advantage of the wrong entries in her favour and for restraining the defendant from using the suit land for any other purpose except for the purposes sub­servient to the educational activities of defdt. No.2 may kindly be passed in favour of the plaintiff and against the defdts. with costs which is in the interest of justice and equity.” 3.7 The Trial Court vide its detailed judgment and order dated 29.07.2011 partly allowed the suit filed by the appellant herein. The first prayer for decree of possession could not be granted pursuant to the registered Gift Deed, the land had vested in the School. However, the Court granted the alternate relief prayed for. The Court held that as the School failed to produce any Resolution passed by the Doaba Education Society empowering the Principal to enter into an exchange of the property of the School. The Respondent No.2 had sought to exchange 24 Kanals of un­arable, unirrigated land situated in a remote village of Khanni 5 located in the Shivalik foothills for the valuable property of the School. By the exchange the Principal­ Balwant Singh claimed ownership over the suit property. The Respondent No.1 had the mutation of the suit property changed into his own name. Thereafter, he executed a lease­deed dated 27.05.2002 of the School property, showing the School to be the lessee. As a consequence, the school now became the lessee, and the Principal became the owner of the suit property.

5. The purported exchange dated 01.08.1988 and 25.08.1988 being wholly illegal, is liable to be quashed and set aside. The Jamabandis reflecting the purported exchange are quashed and set aside. The Jamabandis be restored by the revenue authorities in the name of the Doaba Public School, Garhshankar, Village Parowal, District Hoshiarpur, Punjab.

The Appeals are allowed accordingly. 13 The Respondents are directed to pay costs of Rs. 1 lac to the Appellants herein within a period of 12 weeks, and report compliance to this Court.