BALBIR SINGH Vs. RAJWINDER KAUR

JUDGEMENT

(1.) This is second appeal by two of the six legal representatives of the original plaintiff Sulakhan Singh since deceased, having remained unsuccessful in both the courts below.

(2.) Sulakhan Singh filed suit against his son Gulzar Singh defendant no. 1 since deceased and represented by respondent nos. 1 and 2 as his legal representatives. Respondent nos. 3 and 4 herein were impleaded as defendants no. 2 and 3. The plaintiff alleged that his brother Nirmal Singh was co-sharer in the suit land but he had left the village in or about 1980-81 and had not been heard of for the last seven years and was therefore, presumed to be dead. Defendant no. 1, however, claimed to have sale deed in his favour allegedly executed by Nirmal Singh and attested by defendants no. 2 and 3 as witnesses. The said sale deed is forged and fabricated. Accordingly, the plaintiff sought declaration that he is owner in possession of the suit land as co-owner and defendant no. 1 has no right, title or interest in the suit land. Injunction restraining defendants from interfering with the possession of the plaintiff over the suit land except in due course of law was also claimed.

(3.) Defendants, inter alia, pleaded that defendant no. 1 has purchased the suit land from Nirmal Singh vide registered sale deed 29.6.1988 for Rs 24,000/- and the plaintiff never came in possession of the suit land. It was denied that Nirmal Singh had left the village in the year 1980-81. It was also pleaded that Nirmal Singh had recently left for Uttar Pradesh where his son Kulwinder Singh is residing. Nirmal Singh also has a daughter Balbiro who is married and residing in Uttar Pradesh. Plaint allegations were controverted. Various other pleas were also raised.