AMAR SINGH Vs. DEEPINDER SINGH

JUDGEMENT

(1.) THIS is defendants appeal filed tinder Section 100 of the Code of Civil Procedure, 1908 challenging the judgments and decrees passed by the Courts below holding that the plaintiff-respondents are owner of the property in dispute and are entitled to claim possession of the same. It has further been held that defendant-appellants have failed to prove that Radha Rani their vendor had purchased the suit property vide sale deed dated 27.4.1972 executed by Mallan Devi. Earlier Mallan Devi had purchased the same property vide sale deed dated 27.10.1956. The findings of the Courts below further are that the defendant-appellants have also failed to prove their adverse possession.

(2.) WITH regard to issue Nos. 4, 5, 5A, 5B and 5C the lower Appellate Court in para 15 of its judgment has observed that the onus to prove these issues was placed on defendant-appellants and the issues were not pressed before the lower appellate Court. On that basis the findings recorded by the trial Court on those issues have been upheld.

(3.) THE stand taken by the defendant-appellants in the written statement was that the suit was hit by the principles of res judicata as Civil Suit No. 611 dated 29.9.1989 titled as Radha Rani v. Rajinder Singh was earlier filed and decided on 7.9.1994 in favour of Radha Rani from whom the defendant-appellants have purchased the site in dispute. The plaintiff-respondents did not file any appeal against the judgment and decree dated 7.9.1994 and the same had attained finality. Some other objections like that the suit was bad for non- joinder of necessary parties; all the co-sharers have not been impleaded; the site in dispute is abadi land and petrol pump has been installed on it were raised. It was also asserted that the plaintiff-respondent by his own act and conduct is estopped from filing the suit although he was never in possession of the site in dispute nor he ever resisted possession of the defendant- appellants. The location of the land in dispute has also been disputed asserting that demarcation would be necessary. It is pertinent to mention that the land was purchased by Mallan Devi vide sale deed dated 27.10.1956 who had raised some construction over it. Mallan Devi allegedly sold the land to Radha Rani from whom the defendant-appellants have purchased it in the year 1990. Defendant-appellants are alleged to have made huge construction over the site although petrol pump was allegedly installed in the year 1956. It has been asserted that in any case the defendant-appellants have become owner of the site in dispute by way of adverse possession as the possession was hostile and was known to the whole world.