KARNAIL SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) DALIP Singh filed suit for joint possession of 1/3rd Share of land measuring 34 Kanals 16 marlas situated within the revenue state of village, Khera through redemption on payment of Rs. 2900/- or the amount to be adjudged by the Court as payable against Karnail Singh and Ajaib Singh sons of Gurdit Singh son of Kheta Singh and others. It was alleged in the plaint that he and his brothers Karnail Singh and Ajaib Singh defendant Nos. 1 and 2 mortgaged land measuring 34 Kanals 16 marlas with Lal Singh, Jaswant Singh, Gulwant Singh and Gurdev Singh sons of Roor Singh. Plaintiff and his brothers Karnail Singh and Ajaib Singh got the land redeemed from Lal Singh etc. and mortgaged the same with Ajaib Singh son of Ghona Singh. Again this land was redeemed and given to Kheta Singh-defendant No. 7 for a sum of Rs. 8700/-. Defendant Nos. 1 and 2 Karnail Singh and Ajaib Singh got that land redeemed from Khata Singh. Plaintiff is entitled to have his share of the land redeemed from defendant No. 1 and 2 and get joint possession of the land. Lal Singh and Gulwant Singh have died and their heirs have been impleaded in the suit.

(2.) KARNAIL Singh and Ajaib singh-defendants No. 1 and 2 contested the suit of the plaintiff urging that they got the whole land redeemed and they are in possession of whole of the land for more than 12 years. As such, they have become owners by adverse possession on account of their possession being open, hostile, without interruption and for more than 12 years. Plaintiff has failed to redeem the property within 30 years from the date of mortgage and as such plaintiff's suit is barred by time.

(3.) VIDE order dated 10.1.1996, Civil Judge (Jr. Division), Faridkot preliminarily decreed the plaintiff's suit in view of his finding that the plaintiff is entitled to redeem his share from defendants No. 1 and 2 on payment of his share of the mortgage money to them as he became mortgagee qua them in the sum of Rs. 2900/- when he redeemed the entire land from Kheta Singh on payment of the entire amount of the mortgage money to the tune of Rs. 8700/-. Plaintiff's suit was found within time.