PRITPAL SINGH Vs. MOHINDER SINGH AND ORS.

JUDGEMENT

(1.) The present Regular Second Appeal is directed at the instance of the appellant-defendant against the impugned judgments of both the Courts below, whereby the respondent-plaintiffs have been declared to be owners in possession of the land measuring 3 kanals 18 marlas on the basis of the registered sale deed dated 16.4.1990 executed by Makhan Singh son of Karam Singh, who is none else but the father of the appellant-defendant.

(2.) The trial Court, after examining the oral and documentary evidence brought on record, found that Makhan Singh, father of the appellant-defendant, had executed a registered sale deed in favour of the respondent-plaintiffs. The trial Court as well as the Lower Appellate Court repelled the contention of the appellant-defendant that the suit was time barred as per Article 58 of the Limitation Act as it had not been filed within three years from the date the appellant-defendant denied the ownership of the respondent-plaintiffs.

(3.) Learned counsel appearing on behalf of the appellantdefendant, in support of his submission, submits that on 27.3.1998, there was a settlement between the appellant-defendant and the respondentplaintiffs and the said settlement was admitted by the respondent-plaintiffs during the cross-examination. In support, learned counsel for the appellantdefendant relies upon the provisions of Order VIII, Rule 1-A CPC. For the sake of brevity, the provisions of Order VIII Rule 1-A CPC are extracted herein below:-