KULWANT SINGH Vs. HARDIAL SINGH

JUDGEMENT

(1.) DEFENDANT appellant has come up in regular second appeal against the judgment and decree of the First Appellate Court affirming on appeal those of the trial Judge holding that the plaintiff-respondent was owner of the disputed land and restraining the defendant-appellant from interfering in his peaceful possession over the same.

(2.) THE plaintiff purchased suit land along with all rights in Shamlat Deh from defendant No. 1 (respondent No. 2 in appeal) vide sale deed dated July 7, 1958; that after the enforcement of Act No. 1 of 1954, Shamlat Deh was mutated in the name of the Gram Panchayat; that the proprietors of the Shamlat Deh filed suit No. 724/663 against the Gram Sabha; that the suit was decreed and it was held that the plaintiff in that suit including Nand Lal were proprietors to the extent of 12649/28844 share inland measuring 15612 Kanals 11 Marlas; that mutation was sanctioned on April 21, 1970 after the decree; that defendant No. 1 sold 33 Kanals 10 Marlas representing 1591/312251 share of the land measuring 15612 Kanals 12 Marlas to defendant No. 2 (appellant) vide sale, deed dated October 12, 1970; that the plaintiff moved the civil Court for declaration that the sale deed dated October 12, 1970 executed by defendant No. 1 in favour of defendant No. 2 will not effect his rights.

(3.) THE suit was contested by defendant No. 2 alone. He inter alia pleaded that he was a bona fide purchaser for valuable consideration from the true owner and that the plaintiff has no locus standi to file the suit.