GURDERSHAN SINGH Vs. HARDYAL SINGH

JUDGEMENT

(1.) This is a defendant's appeal. The facts giving rise to the present appeal are as under:

(2.) Hardayal Singh and others plaintiff-respondents brought a suit for possession of agricultural land measuring 21 Kanals 5 Marlas bearing Rect. No. 185-Killas No. 23, 24 and 25 situated in village Sainpal, tehsil and district Sirsa. Plaintiff-respondents claimed to be the owners of the suit land having Purchased it from Kunda Singh son of Nadia Singh by a registered sale deed dated 27.6.1974. It was further averred that defendants were in illegal possession of the suit land and the plaintiff respondents were entitled to obtain possession from them.

(3.) Suit was contested by the defendant-appellants. The factum of purchase of the suit land by (the defendant-appellants from) the plaintiff-respondents from Kunda Singh was admitted. It was, however, denied that the defendant-appellants were in illegal possession of the suit land. It was averred that the defendant-appellants were tenants under Kunda Singh and they continued to be tenants under the plaintiff-respondents. Plea taken was that they could not be ejected from the land in dispute without obtaining ejectment order from the revenue authorities. Further plea that plaintiff-respondents were estopped from describing the defendant-appellants as trespassers because in the earlier suit for pre-emption and permanent injunction, they had described the defendant appellants to be the mortgagees was also taken. Other technical pleas that the civil Court had no jurisdiction and that the plaintiff-respondents hid no locus standi to file the present suit etc. were also taken.