GURMOHINDER SINGH Vs. N.S. BEHLA

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff has filed the present appeal and has been directed against the judgment and decree dated 24.1.2000, passed by the Additional District Judge, Amritsar, who affirmed the judgment and decree dated 19.8.1997, passed by the Civil Judge (Senior Division), Tarn Taran, who dismissed the suit of the plaintiff-appellant Manjinder Singh son of Chanan Singh, brother of the plaintiff, and Chanan Singh son of Aroor Singh.

(2.) THE case set up by the plaintiff before the trial Court was very short that the property in question belonged to Kartar Kaur d/o Dial Singh, mother of the plaintiff and defendant No. 1. Mutation of inheritance of Kartar Kaur was attested in favour of the plaintiff and defendant No. 1. The land is still joint and has not been partitioned. Defendant No. 1, without getting the suit land partitioned, wanted to alienate the specific khasra numbers in favour of defendant No. 2, for which he has no right.

(3.) DEFENDANT No. 2 also filed a separate written statement and stated that Harvinder Singh had sold the property vide registered sale deed dated 27.5.1994 to his sons, Jorattan Singh, Jit Singh and Pritam Singh for a consideration of Rs. 1,13,000/- and the possession was also delivered to them. Defendant No. 2 also took the stand that the suit of the plaintiff was not legally maintainable and that the suit is bad for non-joinder of the necessary parties.