VIR SINGH Vs. SWARANJIT KAUR

JUDGEMENT

(1.) The defendant-appellants have impugned the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge in this Regular Second Appeal.

(2.) The plaintiff-respondents (for short the plaintiff) filed a suit for declaration to the effect that they were bona fide purchasers for consideration of the suit land and also sought permanent injunction by way of consequential relief for restraining the defendant-appellants from interfering in their possession. The plaintiff purchased the suit land from Dhanno and Basant Kaur vide registered deed dated March 30, 1970 and April 23, 1971 respectively and were put in possession of the same by the vendors. Defendant Nos. 3 to 6 threatened to forcibly dispossess the plaintiff necessitating filing of the suit or the relief stated above.

(3.) Dhanno and Basant Kaur who were arrayed as defendants Nos. 1 to 2 in the plaint did not contest the suit despite service. The suit was contested only-by defendant Nos. 3 to 7. They admitted that defendant Nos. 1 to 2 were the owners of the suit land but denied that they had sold the same to the plaintiff; that they were the real owners and they were illegally dispossessed by the plaintiffs.