RESHMU Vs. RAJINDER SINGH

JUDGEMENT

(1.) Respondents 1 to 4 are the legal heirs of the original plaintiff Suram Singh. The father of Suram Singh named Nand Lal was joint owner of the land in question along with one Bassia. In the year 1940, Bassia sold the land to Harnam Singh, Munshi Ram and Tilak Chand. In July 1941, Suram Sngh brought a suit for pre-emption of this sale against Harnam Singh, Munshi and Tilak Chand. The said suit was decreed on 31st January, 1942, and directed payment of pre-emption amount on or before 1st April, 1942. The said amount was deposited by Suram Singh in Court as per the terms of the decree.

(2.) The suit out of which the present appeal has arisen was filed by Suram Singh against successors in the interest of Harnam Singh, Munshi and Tilak Chand inter alia seeking a decree of declaration that he is owner in possession of the land in question and also seeking relief of permanent injunction to restrain defendants from causing an interference in the enjoyment of the suit land by him.

(3.) In the suit, the deposit of the pre-emption amount by the plaintiff Suram Singh before first April, 1942, was duly proved. The trial Court held that the plaintiff is the owner of the suit land though the possession is with the defendants without any title. The defendants had sought partition proceedings as their names continued in the revenue record. The trial Court held that the partition proceedings are void since the defendants have no title to the land and the said proceedings were not binding upon the plaintiff. In the first appeal, the District Judge reversed the judgment and decree of the trial Court. The District Judge allowing the appeal and dismissing the suit held that the defendants had continued in hostile possession since the time of the passing of the decree in pre-emption suit in favour of the plaintiff and thus they had become owner by adverse possession prior to the institution of the suit.