SADHU SINGH Vs. ZORA SINGH

JUDGEMENT

(1.) SADHU Singh and Nahar Singh, who were defendants in the present suit, (appellants herein) have filed the present Regular Second Appeal against the judgment and decree passed by the Courts below vide which suit of the plaintiffs (respondents herein) for possession of the land measuring 7 kanals was decreed.

(2.) THE plaintiffs-respondents filed suit for possession on the averments that they are owners of the disputed land. The defendants-appellants contested the suit and denied the allegations made by the plaintiffs-respondents and inter- alia pleaded that about 30 years back, one Hazara Singh, who was the owner of the land in question, gave possession thereof to them and since then they are owners in possession of the same. In replication, the plaintiffs-respondents controverted the averments made in the written statement.

(3.) BOTH the Courts below decided both the issues in favour of the plaintiffs-respondents and against the defendants-appellants. It was held that the plaintiffs-respondents are owners of the land in question and they are entitled to its possession. On issue No. 2, it was held that there is no evidence available on the record which shows that Hazara Singh son of Buta Singh handed over possession of the land in question to the defendants- appellants. Contrary to this, as per the documents available on record, the plaintiffs-respondents are shown in possession of the land in question during the life time of Hazara Singh. A finding was recorded to the effect that the land in question was not given to the defendants-appellants by Hazara Singh. The findings recorded by the Courts below are pure findings of facts which go against the defendants-appellants.