High Court of Punjab and HaryanaRSA/727/1990dismissed

(O&M) Bikkar Singh S/O Dasona Singh v. Bachittar Singh S/O Dasona Singh

2025-05-12Mr. Justice Vikram Aggarwal9 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-727-1990 (O&M) Decided on : 12.05.2025 Bikkar Singh (deceased) through LRs ...... Appellant

Versus

Bachittar Singh (deceased) through LRs ...... Respondent CORAM : HON'BLE MR. JUSTICE VIKRAM AGGARWAL *** Present :

Mr. Baltej Singh Sidhu, Senior Advocate with Mr. Chandan Singh, Advocate and Mr. Robin Singh Bhullar, Advocate for the appellant.

Mr. Gaurav Chopra, Senior Advocate with Mr. Harmeet Singh, Advocate and Mr. Nitin Rampal, Advocate for the respondent.

*** VIKRAM AGGARWAL , J (ORAL)

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(. Baltej Singh Sidhu, Senior Advocate representing the plaintiff has narrated the entire sequence of events. He submits that vide sanad dated 07.03.1956 (Ex.P2/Ex.D2), the suit land had been allotted to the parties to the lis and the defendant got the name of the plaintiff erased from the said document which was concurrently found by both Courts. He submits that though the said allotment was subsequently set aside vide order dated 12.06.1961 (Ex.D5), land measuring 50 kanals 13 marlas was jointly purchased by the parties. Learned counsel has made reference to the affidavit dated 28.05.1960 (Ex.P5) wherein Bachittar Singh admitted that Bikkar Singh had also paid the money for purchase of the land. Learned Senior Counsel also referred to the relevant documents to prove that the claim for the land had been submitted jointly by both brothers and against the cancellation of the allotment, appeal (Ex.PA) had jointly been filed by both brothers meaning thereby that both brothers were owners of the suit property. 12.

Learned counsel has referred to the findings recorded by the Courts and has submitted that the oral and documentary evidence led on the record of the case clearly proves that the suit land was jointly owned by both brothers. 13.

Per contra, Sh. Gaurav Chopra, Senior Advocate representing the defendant has submitted that there is no illegality in the decision rendered by the Court of Additional District Judge, "#

. Reference has been made to the document of allotment dated 07.03.1956 (Ex.P2/Ex.D2) vide which land measuring 6-14 1/4 standard acres was allotted. As regards the balance land

measuring 3-9 standard acres, the same was sold to the defendant, permission regarding the same was granted on 17.08.1961 Ex.D6 in favour of Bachittar Singh and pursuant thereto documents Ex.D8 and Ex.D9 were executed and proprietory rights were conveyed to the defendant while referring to the document dated 28.06.1968 Ex.D8. Learned counsel has submitted that the land allotted to the defendant was 3-9 standard acres which came to 50 kanals 13 marlas which would be clear from the document Ex.D1 executed on 28.06.1978. Reference has further been made to the documents Ex.PA and Ex.PB and it has been submitted that it was duly proved on record that land measuring 3-5 1/4 standard acres was allotted to the defendant and 3-9 standard acres was sold to him. Learned Senior Counsel submits that under the circumstances, the First Appellate Court rightly allowed the appeal filed by the defendant and dismissed the appeal filed by the plaintiff. 2 3$

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Pending application(s), if any, stand(s) disposed of accordingly. 12.05.2025 (VIKRAM AGGARWAL) mamta JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No