GURDEEP SINGH Vs. BIRAM SINGH

JUDGEMENT

(1.) Aggrieved with the judgments and decrees passed by the Courts below whereby the suit filed by the plaintiff-respondent has been decreed, defendant-appellant has filed the instant second appeal.

(2.) Plaintiff-respondent filed a suit for declaration to the effect that he is the owner in possession of land measuring 6 Kanals 15 Marlas bearing khasra No. 3036, Agawar Khokhar, Faridkot (for short "suit property") and for restraining the defendant-appellant from taking possession of the suit land.

(3.) Pleaded case of the plaintiff-respondent is that land measuring 40 kanals 2 marlas in khasra no.4107 was in the possession of Channan as occupancy tenant and later as Adna Malak. By a registered sale deed dated 18 Baisakh 2002 BK, he sold the land in equal share to Sardar Kishan Singh, father of the plaintiff and Chirag Din. This land was mortgaged with Wazir and his four brothers, vide registered mortgage deed dated 13th Chet 1987 BK and was redeemed vide receipt dated 21st Har, 2004 BK. After the death of Sardar Kishan Singh, plaintiff, who is the only heir, has been in continuous possession of the land. Upon consolidation, disputed land was allotted in lieu of the purchased land. The mutation for redemption was not entered with the revenue authorities, but the possession remained with the plaintiff and before that with his father. On coming to know that the land has been transferred by the Tehsildar (Sales) Rehabilitation, Ferozepur, in favour of the defendant, plaintiff filed the suit.