JASWANT SINGH Vs. GURDARSHAN SINGH BEDI

JUDGEMENT

(1.) IS the ejectment order passed in favour of the respondents in executable is the primary question which arises in this revision petition.

(2.) BROADLY stated, the facts giving rise to this petition are these.

(3.) NOW the scene shifts to the ownership question. Bedi Dhanna Singh, the original owner, died in the year 1969. Before hand, seemingly, he executed a will in favour of his two other sons, namely, Swaran Singh and Rachhpal Singh be queathing the house in question in their favour. They on 27.6.1980 executed a registered sale deed of the house in favour of Jaswant Singh petitioner. Claiming to have become the owner of the property, Jaswant, Singh filed a suit for injunction before the Civil Court as also laying claim to the arrears of rent which he was made to deposit in the Court of Rent Controller. This attracted a cross suit from Gurdarshan Singh Bedi respondent. He asserted that he had become owner of the house in question by making payment of the entire consideration of the house, of which he was in possession. Both the suits were disposed of together by the Senior Subordinate Judge, Hoshiarpur. Four cross-appeals were filed by the concerned parties. These are disposed of by the Additional District Judge, Hoshiarpur, by a common Judgment on 17.8.1983. The relevant findings for the purpose of this petition are that the sale deed executed by Rachhpal Singh and Swaran Singh in favour of Jaswant Singh petitioner was held valid, but it was subject to the rights of Gurdarshan Singh Bedi. Those rights were said to accrue to him under the agreement of sale dated 15.5.1977. It was held that Gurdarshan Singh Bedi alone was entitled to withdraw the arrears of rent deposited by the petitioner. It was further held that Gurdarshan Singh had obtained possession of the property under the agreement dated 15.5.1967.