BIKKAR SINGH Vs. BACHITTAR SINGH

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dtd. 12/12/1989, passed by the Court of Additional District Judge, Faridkot vide which the appeal filed by the plaintiff against the judgment and decree dtd. 6/2/1988, passed by the Court of Additional Senior Sub Judge, Faridkot was dismissed and the appeal filed by the defendant against the said judgment and decree was allowed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) Once again, parties to the lis are real brothers namely Bikkar Singh and Bachittar Singh, both sons of Dasondha Singh. They migrated from Pakistan at the time of partition. They were allotted land at Village Wara Daraka and Village Simrewala in District Faridkot in lieu of the land left in Pakistan. The present issue is with regard to the land situated at Village Simrewala. The plaintiff (Bikkar Singh) instituted a suit for joint possession and declaration that he was owner of half share of land measuring 98 kanals 6 marlas (fully described in the plaint), situated at Village Simrewala (hereinafter referred to as 'the suit property') and that he was entitled to recover mesne profits from the defendant (Bachittar Singh) from Sawani 1984. It was averred that parties were real brothers and plaintiff was owner of half share of the suit property, the same having been purchased from the Central Government pursuant to which Sanad dtd. 7/3/1956 was issued.