BASANT KAUR Vs. BHAG SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal against the judgment and decree of the Courts below by which his suit for declaration and permanent injunction has been dismissed.

(2.) In brief, the case set up by the plaintiff is that he is owner in possession of land measuring 04 Kanals 18 Marias, comprised in Khewat No.578, Khatauni No.871, Rectangle No.365, Killa No.3/3 measuring 01 Kanal 05 Marias and Killa No.4/1 measuring 03 Kanals 13 Marias, situated within the revenue estate of Muktsar, which has been purchased by him from Gajjan Singh and Baggu Singh on 13.05.1965 and since then he is in its possession but name of one Attar Singh Chela Bhai Gulab Singh is recorded in the revenue record despite the fact that said Attar Singh had died 20 years ago. The suit was filed because the defendants threatened to disturb his possession. The suit was contested by the defendants on the ground that the plaintiff is neither owner nor in possession of the suit land rather they are in continuous possession of the suit land for the last more than 40 years as initially it was in possession of Attar Singh Chela Gulab Singh of Dera Bhai Mastan Singh without payment of any rent on account of Dharamarth and after his death Santa Singh, Bhag Singh Chela Mahant Dalip Singh were in possession of the suit land. On the pleadings of the parties, following issues were framed by the learned Trial Court:-

(3.) Although the suit of the plaintiff has been dismissed by both the Courts below, yet the learned First Appellate Court has recorded the following findings:-