NAHAN FOUNDRY LIMITED Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is unsuccessful plaintiffs regular second appeal.

(2.) Plaintiffs filed a suit for declaration to the effect that plaintiff company is the owner in possession of property situate at National Road, Ludhiana, shown in red colour in the plan attached and also for permanent injunction restraining the defendants from interfering with the possession of the plaintiff and also in the alternative claimed that the plaintiff has become owner by adverse possession. Ac -cording to the plaintiff, one Chaudhari Partap Singh son of Ch. Narain Singh was incharge of its Ludhiana office who had been duly authorised by the plaintiff to purchase land for its office at Ludhiana. Said Kartar Singh purchased the land from Lal a Tulsi Ram, Advocate, for and on behalf of the plaintiff vide registered sale deed dated 20.2.1922 but later on came to light that the suit land was purchased in his name. It is further the case of the plaintiff that subsequently Partap Singh confessed his mistake and so executed an agreement in favour of the plaintiff on 14 Badon Sammat 2001 admitting therein that he has no concern with the disputed land. Since a cloud had been cast upon the valuable right of the plaintiff despite it being in possession, so a suit for declaration and injunction and in the alternative that the plaintiff has become owner by adverse possession was filed stating specifically the day when the cause of action accrued finally.

(3.) The suit was resisted by the defendants primarily on the ground that the same is barred by time. Other averments made in the plaint were also denied by the defendant -appellant.