KULBUSHAN Vs. SADHU SINGH

JUDGEMENT

(1.) This plaintiffs' Second Appeal against the judgments of the Courts below by which their suit for possession has been dismissed.

(2.) Briefly stated, Parbati Devi, Sharda Devi and Champa Devi - plaintiffs filed suit against the defendants for possession of plot measuring 19 Marla comprised in Khasra No. 2088 situated within the area of Moga Jit Singh on the ground that the plot in dispute was owned by Patram Dass, who died about three years prior to the filing of the suit bequeathing his property in favour of the plaintiffs and they, consequently, came into possession of the same as well. The plaintiffs further contended that contention of defendant Nos. 1 to 4 that they were owners of this plot having purchased the same from Patram Dass was absolutely wrong. Similarly, the contention of defendant Nos. 5 to 7 that they had purchased a part of the land from one Ujagar Singh was also wrong.

(3.) The suit was contested by both sets of defendants. Defendant Nos. 1 to 3 pleaded that suit in the present form could not proceed since Som Nath son of Amin Chand and his son Ravinder Kumar, who were in possession of 11 Marlas out of the suit land, had not been pleaded as parties. It was further averred that remaining 8 Marlas of land were in possession of other vendees from defendant Nos. 1 to 4. The defendants further urged that Patram Dass sold 19 shares out of 22 shares to the father of defendant Nos. 1 to 4 long back and on the death of their father these defendants had inherited the property i.e. the plot in dispute and were recorded as owners in the Jamabandi of the year 1967-68, which they sold to other vendees.