MEHANGA SINGH Vs. CHHINDA

JUDGEMENT

(1.) This is plaintiff's regular second appeal against the judgment and decree of the Addl. District Judge, Jalandhar, dated 23.11.83 whereby the appeal filed by the defendants against the judgment and decree of the trial Court was accepted.

(2.) Briefly put, Roora s/o Maya a resident of Panama, filed. a suit for possession in respect of his land situated in village Uppal Jagir through his attorney Mehanga Singh. It was alleged by the plaintiff that the defendants have no concern whatsoever with the suit land who entered in its illegal possession in the year 1974. Soon this fact came to his notice, he wrote a number of letters to the defendants to vacate the suit land but to no effect. Hence the present suit.

(3.) The defendants put in appearance, filed written statement and resisted the claim by raising preliminary objections i.e. the suit is barred by time, that the plaintiff is barred by his own act and conduct to file the present suit, denied the existence of valid power of attorney in favour of Mehenga Singh and that the power of attorney is not even signed by Roora Singh and is forged/fictitious document. The defendants further averred that the suit land was mortgaged with possession by Roora and his father Maya about 60 years ago with the ancestors of the defendants who, in fact, delivered actual possession of the same to them. The land was never got redeemed by the plaintiff 'or his father and this way the defendants have become owners by lapse of time. In the alternative, the defendants claimed that they have become owners by way of adverse possession. Lastly, the defendants urged that they being nearest collateral of the deceased (the plaintiff having died) succeed to his estate on this score also.