ABCHAL SINGH Vs. HUKAM SINGH

JUDGEMENT

(1.) This is an appeal filed by Abchal Singh and his wife Ranjodh Kaur defendants against the decree, dated 10th January, 1972, of the Additional District Judge, Ludhiana dismissing their appeal against the decree, dated 30th October, 1970, of the Subordinate Judge 1st Class, Ludhiana, whereby he passed decree for possession of the suit land against them in favour of Hukam Singh plaintiff.

(2.) The facts of this case are that Hukam Singh plaintiff was occupying land measuring 112 Kanals 13 Marlas, fully described in the heading of the plaint, situated in the area of village Habowal Kalan, tehsil and district Ludhiana, as a tenant under Laiq Chand and Raj Kumar (defendants 2 and 3). Laik Chand and Raj Kumar sold this land to Abchal Singh and his wife Ranjodh Kaur, defendants 1 and 4, on the basis of a sale-deed dated 10th April, 1968. After the sale in their favour, Abchal Singh defendant started requesting the plaintiff to give up possession of the land, but he did not agree. The plaintiff filed a suit for perpetual injunction against Abchal Singh restraining him from dispossessing him with force from his land. There was an apprehension of breach of peace between the parties and the Police started proceedings under Section 145, Criminal Procedure Code, against Abchal Singh. It is alleged that on 19th May, 1968, Abchal Singh defendant along with other persons went to the spot with a gun in his hand and be fired shots as a result of which the brother of Hukam died. Abchal Singh was challaned and convicted under Section 302, Indian Penal Code on 6th January, 1969 and was sentenced to imprisonment for life. It is alleged that the defendants illegally took possession of this land from the plaintiff on 23rd April, 1969 in spite of the temporary injunction issued against them by the Court. Defendants 2 and 3 appeared on some dates in the trial Court but subsequently they absented and they were proceeded against ex parte. The suit was contested by Abchal Singh and his wife Ranjodh Kaur defendants 1 and 4. They denied the allegations made in the plaint. Thus, on the pleadings of the parties the following issues were framed by the trial Court.

(3.) The course for the appellants contended that the appellants were not granted full opportunity by the lower Court to produce their evidence and the order of the trial Court closing their evidence was illegal and may be set aside and the case may be sent back to the trial Court for re-trial after giving them opportunity for production of their evidence. The issues in this case were framed by the trial Court on 21st July, 1970 and the case was fixed for evidence of the plaintiff on 7th August, 1970. The evidence of the plaintiff was closed on 7th August, 1970 and the case was adjourned to 26th August, 1970 for the evidence of the defendants-appellants. The following are the orders which were passed by the trial Court on 26th August, 1970 and the subsequent dates :-