INDER SINGH Vs. JIWAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31.8.1992 passed by the District Judge, Faridkot, by which the appeal filed by Jiwan Singh defendant-respondent was allowed and the judgment and decree dated 5.12.1979 passed by the trial Court (decreeing the suit filed by the plaintiffs) was set aside and the suit of the plaintiffs was dismissed.

(2.) Briefly stated, the facts of the case are that Inder Singh plaintiff-appellant filed a suit for declaration that he was owner in possession of the suit land and also for permanent injunction restraining Jiwan Singh-defendant No. 1, from dispossessing him forcibly. The allegations of the plaintiff are that, before consolidation proceedings in the village, Inder Singh plaintiff and his brother Sunder Singh were joint owners of the land of Khasra Nos. 2523 and 2565; that Sunder Singh sold his share in these two khasra numbers to Jiwan Singh son of Attar Singh, vide sale-deed dated 30.9.1950; that Inder Singh appellant and Arjan Singh, predecessor-in-interest of respondent Nos. 2 to 7, filed a suit for possession by pre-emption and the same was decreed on 16.11.1951; that the land bearing Khasra No. 2523 was under mortgage with one Boor Singh; that Inder Singh plaintiff got redeemed the said land from Boor Singh and took its possession; that the suit land (Khasra No. 51/15) was allotted in lieu of Khasra No. 252 during the consolidation proceedings; that in the year 1953, Jiwan Singh defendant No. 1 got a sale-deed executed in his favour from Sunder Singh regarding Khasra No. 2523; that defendant No. 1 filed an application for redemption of land bearing Khasra No. 51/15 against the sons of Boor Singh as Boor Singh mortgagee had died; that the application filed by Jiwan Singh, defendant No. 1, was dismissed by the Collector, Moga, vide order dated 10.1.1967 as the sons of Boor Singh made statements that Inder Singh-plaintiff had paid the mortgage amount to Boor Singh and the land had already been redeemed; Jiwan Singh, defendant No. 1, then filed a suit challenging the validity of the order of the Collector, dated 10.1.1967, in the Court of Sub-Judge, Moga, but that suit filed by Jiwan Singh-defendant was also dismissed on 15.1.1969; that Jiwan Singh defendant had no right, title or interest in the suit land and the alleged sale by Sunder Singh in his favour was void, ineffective and not binding upon Inder Singh plaintiff, that Inder Singh-plaintiff obtained the land by filing a pre-emption suit and got it redeemed; and that defendant No. 1 wanted to dispossess Inder Singh-plaintiff from the suit land and, therefore, he filed the suit for declaration as well as permanent injunction.

(3.) Later on, under the orders of the Court, Karnail Singh, Zora Singh and Harnam Kaur, defendants, were transposed as plaintiffs along with Inder Singh plaintiff-appellant. Jarnail Singh, Smt. Prito and Smt. Jito, other successors-in-interest of Arjan Singh contested the suit as defendants.