NAND SINGH Vs. KARTAR KAUR

JUDGEMENT

(1.) This plaintiff's appeal seeks to challenge the judgment of Additional District Judge, Faridkot by which the defendants' appeal against the judgment and decree dated 13.3.1984 of Additional Senior Sub Judge, Moga was partly accepted and declaration given in favour of the plaintiff to the effect that he had become the owner of the land in dispute, was reversed.

(2.) The plaintiff had filed a suit asserting that the land in dispute was originally owned by Kehar Singh, Karam Singh, Raghbir Singh (husband of defendant No. 4) and defendant No. 5. It was allotted to them in consolidation in lieu of the land originally mortgaged with Nand Singh. It is further alleged that Kartar Kaur defendant No. 1 claims to have purchased the land from defendants No. 2 and 3 which fact is not correct and the sale in her favour is not valid. The plaintiff, it was submitted, had acquired ownership rights on account of the fact that the land had not been redeemed within the prescribed period of limitation. In the alternative, the plaintiff had sought to protect his possession on the ground that he was a tenant at will of the suit land according to the revenue records.

(3.) The suit was contested by defendants No. 2 and 3 asserting that they were in his sardari possession of the land and had sold it vide a registered sale deed dated 24.11.1981 for Rs. 25,000/ - to Kartar Kaur, defendant No. 1. They also asserted that the possession of the plaintiff was not that of a mortgagee but one of a mere tenant. Kartar Kaur, defendant No. 1 also took the same plea and submitted that she had no notice of any defect in title of the aforesaid defendants, according to her also the possession of the plaintiff was that of a tenant and not of a mortgagee.