JAGJIT SINGH Vs. TARA SINGH

JUDGEMENT

(1.) The plaintiff-appellant filed a suit for possession of the land measuring 14 kanals 18 marlas, detailed in the heading of the plaint, on the ground that he had become owner thereof by virtue of a family settlement/ arrangement, arrived at with his father Tara Singh, defendant no.1. Harbhajan Singh, defendant no.2, is his brother.

(2.) According to the case of the plaintiff-appellant, his father was under a heavy debt and the suit land which was owned by him had been attached for the re-payment of a loan of Rs.6219.20 paise. He owed debt to Ludhiana Primary Cooperative Land Mortgage Bank Limited, Ludhiana, also. Therefore, he and his father arrived at a family settlement, in the presence of relatives and respectables of the village, as per which it was agreed that the entire loan amount due from his father would be cleared by him (plaintiff) and in lieu thereof, his father would transfer the ownership of his land (with possession) to him. He, accordingly, paid off the loan amount to one Tarlochan Singh vide receipt dated 4.6.1976 and to Ludhiana Primary Co-operative Land Mortgage Bank Limited, Ludhiana vide receipts dated 27.6.1973, 17.6.1975, 27.5.1977, 22.6.1976, and 22.6.1978. But, when he asked his father to transfer his land to him, he refused to do so. Instead, his father executed a general power of attorney in favour of his another son, defendant no.2, with the malafide intention to transfer his land to some other person.

(3.) The defendants disputed the claim of the plaintiff-appellant, in toto. In the alternative, it was pleaded that if there was any agreement, the plaintiffappellant should have filed a suit for specific performance and not a suit for possession.