GURDEV SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) Present revision petition is directed against the order dtd. 5/2/2020 passed by Additional District Judge, Ludhiana. The Appellate Court framed additional issue and after setting aside the judgment and decree dtd. 18/11/2017 passed by Trial Court remanded the matter back to the Trial Court to decide afresh.

(2.) Plaintiffs filed suit for possession of the suit land as described in the head note of the plaint, claiming that the real owner of the land in question Babu Singh grand father of the plaintiffs bequeathed the land in their favour by way of a registered Will. The defendants who are in possession of the adjoining land comprising khasra No.90//4/2 have encroached upon the land comprised in khasra No.90//4/1 owned by the plaintiffs.

(3.) Suit was contested by defendants No.1 to 3 claiming that the property was never owned by Babu Singh or Mukhtiar Singh. The property in question was owned by Arjun Singh, the predecessor-in-interest of the defendants. The present suit has been filed as a counter blast to the civil suit filed by defendants pending before Civil Judge (Junior Division), Ludhiana. It was further claimed by the defendants that the land in question was in possession of Arjun Singh and thereafter came in possession of defendants. Their possession is open, defiant, continuous and uninterrupted to the knowledge of the plaintiffs and thus, they have acquired title thereto by prescription. Defendant No.4 to 14 opposed the suit filed by the plaintiffs claiming themselves to be bonafide purchasers for consideration. Suit filed by the plaintiffs was put to trial by the Court of first instance framing following issues:-