BABU RAM Vs. SADHU SINGH

JUDGEMENT

(1.) This is a second appeal filed by Babu Ram plaintiff against the order dated January 22, 1972, of the Senior Sub-Judge, Sangrur, whereby he accepted the appeal of Sadhu Singh defendant and set aside the judgment and decree of the trial Court and remanded the case with the direction that the trial Court should duly admit into evidence documents, Exhibits P. 1 to P. 5 and Exhibits P.W. 10/A and P.W. 10/B, and then decide the case afresh on merits.

(2.) The facts of this case are that Babu Ram plaintiff filed a suit for permanent injunction restraining Sadhu Singh, defendant No. 1 and Kartar Singh and others, defendant Nos. 2 to 6, from interfering with his ownership and possession of land measuring 9 kanals and 11 marlas fully described in the plaint and situated in the area of village Khanpur Faqirian, District Sangrur. According to him, this land belonged to Dalip Singh and Hamir Singh, defendants 7 and 8, who sold the same to Jangir Singh defendant No. 9, on the basis of a registered sale deed dated 6.11.1950, and that Jangir Singh sold this land to him (the plaintiff) for Rs. 500/- on 5.4.1952. A report regarding this sale in favour of the plaintiff was made to the Patwari, who entered the same in his records and mutation regarding this sale was sanctioned on 10.6.1952. Consolidation of holdings took place in this village and during the consolidation proceedings this land was allotted to defendants 2 to 6. Kartar Singh defendant No. 2 as a co-sharer sold this land in suit to Sadhu Singh defendant No. 1, who threatened to dispossess the plaintiff and hence this suit.

(3.) The suit was contested by Sadhu Singh, defendant No. 1, who denied the allegations made in the plaint. It was pleaded that the suit is not maintainable and that it was also barred by limitation. On these pleadings of the parties, the following issues were framed by the trial Court :-