SATNAM SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This judgment shall decide three regular second appeals bearing Nos. 4099, 4152 and 4154 of 2011 as the controversy in all the three appeals is identical. For the sake of brevity, the facts are being extracted from RSA No. 4099 of 2011. A suit filed by the plaintiff/appellant against the respondent/defendants for possession of land measuring 9 kanals, 4 marlas i.e. the suit land by way of pre-emption of sale vide deed dated 23.06.1999 has been dismissed by both the Courts below.

(2.) Briefly noticed, the suit was instituted by the plaintiff in terms of pleading that he was in possession of the suit land as a tenant under the owners since long time. The suit land was previously owned by Harinder Singh s/o Uttam Singh, Ranjit Kaur w/o Daljit Singh and d/o Uttam Singh and Harjit Singh s/o Uttam Singh, who were co-sharers and they had sold the same to the defendants vide registered sale deed dated 23.06.1999. It was pleaded that the plaintiff had no information with regard to the aforementioned sale deed. Plaintiff asserted that it was only in the first week of January, 2005 that the defendants had come to the suit land to take possession and it was only thereupon that he became aware of the sale deed dated 23.06.1999. Against such factual background, the suit had been filed. The suit was contested by the defendants in terms of filing a joint written statement, wherein, a specific objection with regard to the suit being time barred was raised. The defendants claimed themselves to be owners in possession of the suit land since the date of purchase and it was also stated that the plaintiff had the knowledge of the sale deed dated 23.06.1999.

(3.) Upon the pleadings of the parties, the Trial Court framed the following issues: