LAWS(P&H)-1991-2-187

RAM SARUP Vs. BALWANT SINGH

Decided On February 18, 1991
RAM SARUP Appellant
V/S
BALWANT SINGH Respondents

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dated 1.9.1986 passed by Additional District Judge (III), Faridabad, by which the appeal filed by the plaintiff-appellant was dismissed and the judgment and decree of the trial Court dated 31.1.1986 was upheld.

(2.) The plaintiff-appellant's plea was that he is in possession of the suit land as a tenant under defendants-respondents Nos. 1 to 3 for the last more than 7 years; that he had never been dispossessed from that land; and the impugned sale of that land by defendants-respondents Nos. 1 to 3 in favour of defendant-respondent No. 4 is invalid and not binding on his possessory interest on the land in suit. It was also asserted that patta nama, executed by defendants-respondents Nos. 1 to 3 with regard to the suit land in favour of defendant-respondent No. 5, was also not binding on the rights of the plaintiff-appellant as a tenant on the suit land.

(3.) The allegation of defendants-respondents Nos. 1 to 3 was that they had never given the suit land to the plaintiff-appellant as a tenant and there was, thus, no question of his being in possession of that land as a tenant under them. The validity of the impugned sale-deed and the lease deed was asserted. It was alleged that they had come to know that the plaintiff-appellant had got his name entered in the revenue record in collusion with the revenue authorities.