JARNAIL SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) Plaintiff-respondents filed instant suit for possession of the plot in dispute through their attorney Bachitar Singh, on the averments that plaintiffs along with defendants No.2 and 3 (now respondents No.8 and 9) are the owners of the suit property and defendant No.1 i.e. appellant had taken illegal possession of the same a few months back in the absence of the plaintiffs and has raised some construction thereon. Hence the necessity arose to file the suit.

(2.) Appellant contested the suit by filing written statement stating that the suit property in question was originally owned and possessed by Tarlochan Singh and the same is reflected in the jamabandi for the year 1998-99 and after his death, plaintiffs No.6 and 7 (now respondents No.6 and 7) have sold the property in question to him, vide agreement to sell dated 24.09.2003 on payment of full and final consideration of Rs. 12,000/- and had delivered the possession to him and appellant further averred that property was in the shape of a pond and has raised a construction in the year 2003. Since then, the plaintiffs have not raised any objection to the same and the suit was liable to be dismissed.

(3.) Parties led evidence in support of their respective case. After hearing learned counsel for the parties and considering the evidence on record, the trial Court decreed the suit of the plaintiffrespondents vide judgment and decree dated 25.4.2012 observing as under:-