RATTAN DEVI Vs. SURAIN SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree of the Senior Subordinate Judge, Hoshiarpur dated May 9, 1961 by which he accepted the appeal and decreed the suit of the plaintiff for possession of land in dispute.

(2.) THE facts which have been stated in the plaint, briefly, are that Tara Singh husband of defendant No. 1 and Nasib Singh defendant No. 2 (hereinafter referred to as the Vendors) sold the land in dispute to the plaintiff for a consideration of Rs. 5,000/- by a registered sale deed dated June 11, 1946. There was a provision in the deed that in case the plaintiff was deprived of any portion of the land, he would be entitled to make up the deficiency of that area from the other land of the vendors. After the sale, Randhir Singh, Kamla Devi and Shakuntala Devi instituted a suit for possession of land against the plaintiff and vendors on the ground that they were co-sharers in the land sold and were entitled to 5 kanals 11 marlas of land which was their share in the property sold. That suit was decreed in their favour on the basis of a compromise arrived at between the parties. The present suit has been instituted by the plaintiff for possession of 5 kanals and 11 marlas of land on the ground of the aforesaid covenant between the parties on the plea that he had been deprived of 5 kanals and 11 Marlas of land out of the land purchased by him. The defendants contested the suit and stated that in view of the compromise between Surain Singh plaintiff and the plaintiffs in the earlier suit, this suit was not maintainable. They also raised an objection regarding limitation. On the pleadings of the parties following issues were framed:-1. Whether the suit is within time? 2. Whether Exhibit P. 3 is a bar to the present suit?

(3.) TO what land the plaintiff is entitled?