GURBINDER SINGH Vs. LAL SINGH

JUDGEMENT

(1.) The only question for consideration in this appeal by certificate from the High Court of Punjab is whether the suit for possession instituted by the respondents Lal Singh and Pratap Singh is within time. According to the appellants the suit is governed not by Art. 141 of the Limitation Act, 1908 (9 of 1908) as held by the High Court but either by Art. 142 or by Art. 144 and is on that basis barred by time. While it is conceded on behalf of the respondents that the suit is not governed by Art. 141 it is contended that it is governed by Art. 144 and not by Art. 142 and is within time. In order to appreciate the contentions it is necessary to set out the relevant facts which are no longer in dispute.

(2.) Mst. Raj Kaur was in possession of 851 kanals 18 marlas of land situate in village Dhaipai in the former State of Faridkot. Out of this land 481 kanals 7 marlas was in her possession as occupancy tenant, the landlord being the Raja of Faridkot while the remaining land was held by Smt. Raj Kaur as Adna Malik the Aala malik again being the said Raja of Faridkot. In Samvat 1953 (A.D. 1898) Smt. Raj Kaur who had two daughters Prem Kaur and Mahan Kaur, adopted, the farmer's son Bakshi Singh and put him in possession of the whole of the land. Bakshi Singh transferred part of the land to Pratap Singh, second son of Mahan Kaur, who is respondent No. 2 in the appeal. Mahan Kaur had one more son Lal Singh and he is respondent No. 1 in this appeal.

(3.) In the year 1915 the Raja of Faridkot filed a suit against Bakshi Singh and Raj Kaur in the Court of Sub-Judge, Faridkot for a declaration that the adoption of Bakshi Singh was invalid. This suit was decreed on February 9, 1916. Raj Kaur died on August 14, 1930. On February 19, 1934 the Raja filed two suits against Bakshi Singh and Pratap Singh for possession of the aforementioned lands, one pertaining to the land of which Raj Kaur was occupancy tenant and the other for that of the land of which she was Adna malik. These suits were decreed on March 12, 1938 and in execution of the decrees obtained in these suits the Raja took possession of the entire land in October 1938. On April 7, 1948 he sold the entire land along with some other land to one Kehar Singh for Rs. 84,3575-0. Thereupon Gurbinder Singh and Balbinder Singh, who are the appellants before us, filed a suit for preemption of the land against Kehar Singh and obtained a decree in their favour. In execution of that decree they got possession of the land on June 22, 1950.