ROOP CHAND Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff Roop Chand has filed instant second appeal.

(2.) Plaintiff-appellant filed suit for possession of the suit land measuring 3 kanals 3 marlas comprised of killa No. 178//15/2(3-3) and also for possession of 1/6th share in 1 kanal 16 marlas land of killa No. 178//26(1-16) alleging that he is owner thereof and the defendants are in illegal possession thereof without plaintiffs consent.

(3.) Defendant/respondent No. 1 was proceeded ex parte. Defendants No. 2 to 5 contested the suit and broadly denied the plaint allegations. It was pleaded that plaintiffs father Lekh Raj alias Lakhu had sold the suit land to Inder Singh grandfather of contesting defendants No. 2 to 5 vide sale deed dated 18.10.1954 and defendants are in possession of the suit property as its owners. Inder Singh was father of defendant No. 1. In the alternative, defendants claimed to have become owners of the suit property by adverse possession. The suit was also alleged to be barred by limitation, Various other pleas were also raised.