DOGAR RAM Vs. AMAR SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal Nos. 1273 and 1159 of 1984 as these arise out of a common judgment dated 23.9.1983 passed by the Additional District Judge, Jalandhar.

(2.) THE plaintiff-Dogar Ram filed a suit for possession of 1/3rd share of taur against defendants-Amar Singh, Pritam Singh, Surinder Singh, Kashmiri Lal and Yashpal. The facts leading to the filing of the suit are that on 9.7.1920, one Babu Ram son of Chint Ram mortgaged with possession his 1/3rd share of taur in dispute with one Daya Ram. On 7.11.1942, Daya Ram mortgagee further mortgaged with possession the said 1/3rd share in the taur in dispute with the plaintiff. The said property in dispute was never got redeemed by Babu Ram or Daya Ram within the prescribed period by law. The plaintiff claimed that he had become full owner of 1/3rd share of the taur in dispute by the year 1972, by efflux of time. The plaintiff had by then acquired the other 2/3rd share in the taur in dispute also and had become owner thereof. The plaintiff claimed that in the year 1971, he had to go to Calcutta and on his return, he found that defendants 1 to 3 had constructed a house on a part of the taur in dispute. The plaintiff asked defendants 1 to 3 to deliver him the possession and to remove their malba. The said defendants alleged that they had purchased 1/3rd share in the taur in dispute from defendants 4 and 5 and thus they refused to admit the claim of the plaintiff and deliver back the possession.

(3.) THE rival claims raised by the parties, gave rise to the following issues :-