GULZAR SINGH Vs. SULAKHAN SINGH AND OTHERS

JUDGEMENT

(1.) - This order shall dispose of RSA Nos. 4281, 4282 and 2845 of 2003 as all these appeals arise out of common judgment rendered by first Appellate Court.

(2.) RSA No. 4281 arises out of the suit filed by the plaintiff appellant for declaration to the effect that Sulakhan Singh has no right, title or interest in the suit land and defendants No. 2 and 3 i.e. Daljit Singh and Surinder Singh are tenants in the suit land. It was alleged that Sulakhan Singh had obtained a decree dated 23.8.1993 for possession which is wrong and illegal and is liable to be ignored as the same has been passed at the back of the appellant.

(3.) R.S.A. No. 4282 of 2003 arises out of a suit filed by Sulakhan Singh for declaration that the sale certificate dated 4.2.1998 issued by the Senior Sub Judge, Rajpura, in the execution proceedings titled State Bank of Patiala Vs. Mohinder Singh is illegal, null and void as the said plaintiff has purchased the land measuring 16 biswas from Mohinder Singh per registered sale deed dated 27.6.1959 along with his brother. It was alleged that the said property purchased by the plaintiffs Sulakhan Singh could not have been put to sale in execution of the decree as Mohinder Singh has no interest in the land which he could mortgage in favour of the State Bank of Patiala after its sale to Sulakhan Singh in the year 1959. Both the courts have dismissed the suit for declaration filed by the appellant-Gulzar Singh but decreed the suit filed by Sulakhan Singh. Still aggrieved the appellant has challenged the judgment and decree in the present appeal as aforesaid.