KARTAR SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) Defendant appellant has filed this appeal against the judgment and decree dated 16.11.1978 passed by Additional District Judge, Amritsar.

(2.) Brief facts of the case are that Jagir Singh plaintiff respondent filed a suit against Kartar Singh defendant-appellant in the court of Sub Judge, Amritsar. The plaintiff alleged that one Mulakh Raj was the owner of the suit land along with some other land, that he sold the suit land with some other land to the plaintiff for Rs. 8,000.00 on 6.12.1965, that the suit land and Khasra number 27/10 stood mortgaged by Mulakh Raj to Kulwinder Kaur and Gurbachan Singh through different mortgage deeds, that mortgage amount of Rs. 2,000.00 was kept with the plaintiff respondent by Mulakh Raj vendor, that the plaintiff-respondent filed an application before the Collector for redemption of the suit land which was accepted on 2.5.1966, the defendant appellant was a tenant under Kulwinder Kaur mortgage, that defendant-appellant filed a suit for possession by presumption of the land purchased by the plaintiff alleging that he was tenant of Mulakh Raj vendor but his suit was dismissed by the District Judge vide order dated 15.1.1969 as he failed to prove himself to be a tenant of Mulakh Raj and that plaintiff respondent have already got the land in suit redeemed from Kulwinder Kaur Plaintiff further alleged that the defendant appellant is left with no interest in the suit land, therefore, he is in possession as a trespasser, plaintiff prayed that the suit for possession be decreed against the defendant appellant. In the written statement, it was submitted by the appellant that the Court of Sub Divisional Officer (Civil) has held him to be a tenant and Mulakh Raj.

(3.) On the pleadings of the parties, the following issues were framed :