DARSHAN SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) CIVIL Suit No. 268 of 1982 filed by Gurdev Singh, respondent herein, for a decree of declaration that he was owner in possession of the suit land and in the alternative for a decree of possession was dismissed by the Sub Judge 1st Class, Nakodar vide his judgment and decree dated August 28, 1984. Civil Appeal No. 362 of 1984 against the said judgment and decree of the learned trial Court was allowed by the Additional District and Sessions Judge, Jalandhar, vide his judgment and decree dated 8.12.1986.

(2.) IT is that judgment and decree of the first appellate Court which has been appealed against by the defendants and which requires my examination of its sustainability. I have seen the pleadings in the suit, the evidence adduced in the suit and the judgments of both the Courts below.

(3.) FACTS giving rise to this litigation are that Gurdev Singh claiming to be the son of Attu alias Atma Singh filed the above said civil suit. His plea is that his father died in 1966 -67 where after he was in possession of the suit land as owner. Since he was minor at the time of the death of his father, defendant No. 1 and 2 on the strength of an alleged will got mutation sanctioned in their favour in respect of the suit land. The suit was contested by the defendants. They averred that the suit was barred by limitation; that Atma Singh executed a registered will dated 4th December, 1962 bequeathing his entire property in their favour that defendant No. 2 had sold 15 kanals 15 Marlas of land vide two registered sale deeds in favour of defendants No. 5 and 6 who were bonafide purchasers with consideration and without notice. On the pleadings of the parties, the following issues were framed: -