MOHAN Vs. JAGTA

JUDGEMENT

(1.) This judgment shall dispose of Regular Second Appeal Nos. 2006 of 1987 and 2007 of 1987 as question of law raised, is identical in these appeals. Facts are being taken from Regular Second Appeal No. 2006 of 1987 Mohan Lal v. Jagta etc., 1993 1 RRR 410

(2.) The defendants have filed this appeal against the judgment and decree of the Additional District Judge, Hoshiarpur dated April 25, 1987 whereby the judgment and decree of the Sub Judge III Class Hoshiarpur dated December 21, 1984 was reversed, thus, decreeing the suit of the plaintiff.

(3.) The case set up by the plaintiff is that he and his brother Bakhsha owned land jointly along with other co-sharers. Bakhsha sold 7 kanals 16 marlas land comprising in khasra Nos. 1628/51 and 1339/69 as per Jamabandi for the year 1943-44 in favour of one Ishar son of Acchur, with alienation was challenged under custom. The suit of the plaintiff was decreed on 29.6.1948. In appeal the parties compromised and so the judgment and the decree of the trial Court was modified to the effect that Jagta was declared entitle to possession of the property sold after the death of vendor-Bakhsha on payment of Rs. 1000/- to the vendee Ishar (predecessor-in-interest of respondent No. 2 to 6). It is further the case of the plaintiff that during the consolidation of holdings which took place, land comprised in Khasra No. 144 measuring 6 kanals 4 marlas was allotted in lieu of the earlier holdings. Sarvshri Sohan Lal, Mohan Lal and Rattan Chand present appellants claims possession over the suit land on the ground that Bakhsha sold the same vide sale deed dated 19.8.1974. Bakhsha died on 30.10.1979 and thus, the plaintiff became entitle to the possession of the land on payment of Rs. 1000/- to the respondents (successors-in-interest of the original vendee Ishar). Hence this suit.