PIARA SINGH Vs. SAUDAGAR SINGH

JUDGEMENT

(1.) This is the second appeal filed by two of the defendants in a suit instituted by the first respondent herein (plaintiff) by which he sought a decree granting possession of the land as has been fully described in the head note of the plaint and the judgment of the learned trial court.

(2.) The contention of the respondent-plaintiff (hereinafter referred to as the plaintiff) was that the original owner of the land, i.e. Joginder Singh (father of the appellants and respondent no.2 herein), had sold it to the plaintiff on 04.08.2003 vide a duly registered sale deed, for a consideration of Rs.12,08,000/-, with possession of the land also delivered to the plaintiff.

(3.) Notice having been issued, defendants no.1 and 3, i.e. the present appellants, appeared before the trial court and filed a written statement taking the usual preliminary objections of lack of locus standi etc., further contending that they along with defendants no.2, 6 and 7 were owners in possession of the property, with the plaintiff barred because of his own act and conduct from filing the suit.