JAGDEEP SINGH Vs. CHARAN KAUR

JUDGEMENT

(1.) PRESENT Regular Second Appeal against judgment and decree dated 24.09.1997 passed by District Judge, Rupnagar whereby judgment and decree dated 11.02.1995 passed by Court of Sub Judge Iind Class, Kharar was set aside and appeal was accepted.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) DETAILED facts of the case have already been recapitulated in the judgments of both the Courts below. However, relevant facts for the purpose of decision of appeal that plaintiff filed suit for possession on the ground that she is the co -owner with her brother Mehar Singh in the land and after partition the suit land was felt to her. Defendant alleges himself to be tenant on the suit land and plaintiff denied the status of defendant as tenant. Defendant contested the suit taking the plea that he is tenant of the LRs of Mehar Singh and not of plaintiff and as such plaintiff has no right in the suit land and suit be dismised. On these facts Court of first instance settled the following issues: