PIRTHI SINGH Vs. LAKHPAT AND ANOTHER

JUDGEMENT

(1.) Plaintiff-Pirthi Singh, having lost in both the Courts below, is in second appeal.

(2.) Plaintiff filed suit for possession of portion depicted by letters 'ABCDEF' in the site plan being part of Gair Mumkin Bara No. 441 measuring 10 marlas. The plaintiff alleged that he is owner of the Bara in dispute measuring 10 marlas, but in his absence, defendant-respondent No. 1 (who was sole defendant initially) encroached upon the suit portion of the Bara. Accordingly, plaintiff sought possession of the suit portion.

(3.) Defendant No. 1 denied the plaint allegations. It was pleaded that about 35 years ago, plaintiff exchanged half share of Bara No. 441 with half share of Bara No. 440 measuring 10 marlas with Baru Ram i. e. 5 marlas each of Bara Nos. 441 and 440 were exchanged. Since then, parties remained in possession of their respective portions as owners. Baru Ram transferred his half portion of Bara No. 441 to Jag Ram by exchange. Jag Ram gave the same to his two sons Ram Singh and Sham Singh equally. Ram Singh sold his portion to Puran Singh whereas after death of Sham Singh, his wife Rajpati sold the disputed portion of Bara No. 441 to. Jaswant (later on impleaded as defendant No. 2) vide agreement dated 13.08.1999 for Rs. 1,45,000/-. Since then, defendant No. 2 is owner in possession of the suit portion. There is also electricity connection therein standing in the name of Rajpati since the year 1996. Similar stand was taken by defendant No. 2 after he was impleaded as such on his own application.