JASVIR SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) PRESENT second appeal is filed by the plaintiff- appellant assailing the judgment and decree dated 1.6.1987 passed by learned First Appellate Court/Additional District Judge, Jalandhar thereby allowing the first appeal and dismissing the suit of the plaintiff.

(2.) THE brief facts of the present case are that Beant Singh father of defendants No. 1, 2 and husband of defendant No. 3 was the owner in possession of the property in dispute; Beant Singh alienated the property in dispute vide sale deed dated 7.7.1965 in favour of Gurbax Singh father of the plaintiff; father of the plaintiff i.e Gurbax Singh died in the year 1966; that is why he could not get mutation done in his favour pursuant to sale deed dated 7.7.1965; after death of Beant Singh defendants No. 1 and 2 acting as Lrs of Beant Singh once again alienated the property in favour of defendant No. 4 vide sale deed dated 21.4.1981; defendant No. 4 tried to dispossess the plaintiff pursuant to the Sale Deed dated 21.4.1981; plaintiff reported the matter to the police where the matter was amicably settled between the parties, thereafter defendant No. 4 took forcibly possession of the property, hence the suit for possession by the plaintiff.

(3.) LEARNED trial Court decreed the suit of the plaintiff for possession having observed that Beant Singh was the owner in possession of the property in dispute and had alienated the property in favour of the father of the plaintiff i.e. Gurbax Singh vide Sale Deed dated 7.7.1965, hence Gurbax Singh acquired valid title from Beant Singh and after the death of Gurbax Singh plaintiff is the owner of the property. Learned trial Court did not accept the defence of the defendants that defendants have matured the title by way of adverse possession.