GURNAIB SINGH Vs. BALDEV SINGH AND ANOTHER

JUDGEMENT

(1.) The present appeal has been filed by the defendant, who is aggrieved against the judgment of the Lower Appellate Court, whereby the suit for possession of the plaintiffs has been decreed regarding land measuring 6 kanals 17 marlas.

(2.) The plaintiffs, in their suit, pleaded that they were owners on the basis of a Sale Deed dated 05.06.2002 by Parkash Kaur through her attorney who had given them possession and mutation was sanctioned by the Revenue Department in their favour. The respondent, forcibly and illegally, had grabbed the possession of the land in dispute from the plaintiffs and they had no right, title or interest in the property in dispute.

(3.) In the written statement filed by the defendant, a plea was taken that in the earlier suit filed by him, he had claimed the right by way of adverse possession and the present suit was not maintainable. The Sale Deed in favour of the plaintiffs was also denied and it was alleged that the present defendant was the son of Karam Singh, who had renounced the world and his wife had entered into Karewa marriage with Puran Singh, who had been in possession of the suit land and executed a Will in favour of the defendant on 25.10.1985. It was alleged that the land in question was made cultivable by the defendant by spending huge amount and the defendant was in possession of the suit land and had perfected his title by way of adverse possession. The jamabandi for the year 2000-01 showed that the ownership was of Parkash Kaur and the defendant was in possession as tenant gair marusi and thus he was in continuous possession.