GURBUX SINGH Vs. FAQIR CHAND AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is at the instance of the plaintiff whose suit for declaration that he is owner in possession of 1/4th share in the land measuring 15 kanals 1 marla situated in the revenue estate of Village Sultanwind Sub Urban, Amritsar, was dismissed by the trial Court vide judgment and decree dated 03.03.1984 and the First Appellate Court also turned down his appeal vide judgment dated 15.10.1986.

(2.) THE facts may be noticed briefly.

(3.) THE first defendant -vendee contested the suit maintaining that Khasra No. 1206 fell to the exclusive share of Harbux Singh - defendant No. 2 in a private partition between him and his brothers and Harbux Singh sold the said entire Khasra number to the vendee for consideration. He further averred that the plaintiff -appellant had already disposed of more than his share in the joint Khata, hence has no right to hold out any challenge to the sale deed executed by his brother - Harbux Singh. The vendee further averred that earlier the plaintiff's along with his brother Jaswant Singh had filed a suit for possession by way of pre -emption, wherein also a similar plea was taken but that suit was dismissed.