LACHHMAN SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This regular second appeal is directed by the appellant (plaintiff) against the judgment dated 6.11.1997 passed by the Additional District Judge, Faridkot, whereby he dismissed his appeal with costs and upheld the judgment and decree dated 12.4.1991 passed by Sub Judge, III Class, Moga, vide which his suit for declaration that he was owner in possession of the suit land along with consequential relief of permanent injunction for restraining the respondents (defendants) from alienating/transferring the suit land was dismissed.

(2.) Briefly stated, the facts are that Amar Singh respondent No. 8 got a money decree against Nek Singh respondent No. 2 in civil suit No. 343 dated 4.6.1982 which was decreed on 2.12.1982. In execution of that decree, the land of Nek Singh was sold in an open auction on 3.8.1985 which was purchased by the appellant. The said sale was confirmed by Sub Judge, 1st Class, Moga for Rs. 26,000/- in favour of the appellant and consequently, sale certificate dated 29.3.1986 was issued in his favour. He was put in possession of the suit land and since then he was cultivating the said land.

(3.) Mohinder Singh respondent No. 1 filed a partition application in the Court of A.C. 1st Grade, Moga, regarding the said land along with other land fully detailed and de- _ scribed in paragraph 2 of the plaint. Nek Singh respondent No. 2 is the son of Mohinder Singh respondent No. 1 and they filed the partition application in connivance with each other. They wanted to get the land partitioned at the back of the appellant and thereby wanted to reduce or delete his ownership. In order to defeat the evil designs of respondents No. 1 and 2, the appellant filed a civil suit for declaration that he was owner in possession of the suit land. Relief of permanent injunction for restraining respondents No. 1 and 2 from getting the suit land partitioned or alienating it, was also claimed. Respondents No. 1 and 2 contested the suit while the other respondents 3 to 11 did not appear despite service. Hence, they were proceeded against ex parte. Objections regarding jurisdiction of the court, maintainability of the suit and that the suit was time barred were taken. !t was also stated that Mohinder Singh had filed the partition application which was pending in the Court of A.C. 1st Grade Moga, since 18.8.1983. The appellant had filed an application on 29.11.1985 for being impleaded as a party in those partition proceedings but the same was dismissed. The appellant did not file any appeal against that order and as such he was not competent to file the suit. Accordingly, the following issues were framed:-