SUKHDIP SINGH Vs. ARJAN SINGH MIHAN SINGH

JUDGEMENT

(1.) The facts which have given rise to this appeal may be stated in a nutshell. Arjan Singh and his brother Surjan Singh were owners in possession of land, the particulars of which are con tained in the judgment of the Court of first instance. After consolidation in village Mehargarh Batti Estate, 322 tehsil Patiala, khasra Nos. 92 and 99 measuring 50 bighas and 4 biswas were allotted in village Mehargarh Batti and the share of Arjan Singh, plaintiff, in this land was one-half, the other half being the share of Surjan Singh, his brother, Similarly, Arjan Singh, plaintiff, and his brother Surjan Singh owned land in equal shares measuring about 110 bighas and I biswa situated in village Karanpur Estate 323, tehsil Patiala. After consolidation of holdings, in lieu of this land, khasra Nos. 46, 2, 37 and 63 were allotted in village Karanpur. '

(2.) Arjan Singh, plaintiff's case as alleged is that his brother Surjan Singh died issueless sometime in 1999 Bk. without leaving any other heir except the plaintiff, who came to occupy his brother's share as well immediately after the tatter's death. He has thus been enjoying the property in dispute without any interruption or interference for the last 20 years or so, with the result that his possession over this property has matured into title on account of adverse possession for the full statutory period,

(3.) Shrimati Sukhdev Kaur alias Khazan Kaur, the defendant in the suit, according to the plaintiff, is living with one Bhag Singh in Mohalla Arna Barna, Patiala, as his wife, though she claims to be the widow of Surjan Singh, deceased brother of the plaintiff. On her application, the revenue authorities mutated in her name the property in suit to the extent of half share of Surjan Singh, deceased.