MEHANGA SINGH Vs. SUNDER CHAND

JUDGEMENT

(1.) Mehanga Singh, appellant, herein after referred to as the plaintiff, brought a suit for a declaration that he was the owner and in possession of land measuring 85 kanals 12 marlas in village Mulanda, Tehsil Nakodar. He based his title on a sale deed dated February 19, 1951, executed by one Kishan Chand, deceased. He filed the suit against two defendants (1) Sunder Chand s/o Pooran Chand, and (2) Gram Panchayat, Bulanda. -

(2.) Defendant No. 1, Sunder Chand, pleaded that Kishan Chand was never the owner of the land and he had no legal right to sell or mortgage the same, and that the land stood as muafi in the name of Bhaiki Dharamshala, village Mahatpur. The Grain Panchayat did not file any written statement.

(3.) Following three issues were framed: