TEJ KAUR Vs. SARWAN SINGH

JUDGEMENT

(1.) This is the plaintiffs-appellants' appeal against the judgments and decrees dated 19.12.1974 and 3.8.1982 passed by Sub Judge Ist Class, Bhatinda (hereinafter described as 'the trial Court') and District Judge, Bhatinda (hereinafter referred to as 'the lower Appellate Court'), respectively, whereby their suit for possession and the appeal to establish their claim have been dismissed.

(2.) Briefly stated, the facts are that Kartar Singh (father of present appellant Nos. 2 to 9 and husband of appellant No. 1), Dalip Singh (father of appellant Nos. 11,12, 15 and husband of appellant No. 14), Jangir Singh (appellant No. 10) and Smt. Kartar Kaur (appellant No. 13) and Smt. Veero (widow of Pakhar Singh) filed a suit in the year 1966 for possession of land measuring 280 kanals 12 marlas fully detailed in the heading of the plaint.

(3.) Appellant Nos. 10, 13 and 14 and Smt. Veero widow of Pakhar Singh have since died and are now represented by their legal representatives. Kartar Singh, Dalip Singh, Jangir Singh were the sons of one Pakhar Singh and Smt. Kartar Kaur was his daughter. The land in dispute was sold by one Inder Singh son of Kisan Singh to Bir Singh, Hira Singh sons of Bahal Singh and Kirpal Singh son of Razada Singh for a consideration of Rs. 13,000/- and the mutation qua that land was accordingly sanctioned in their favour on 20.6.1920. Pakhar Singh challenged the said sale on the ground that it was without consideration and without any legal necessity and was not binding on them. The said suit was decreed on 24.10.1921 and it was held that the descendants of Inder Singh would be entitled to get the land after his death without any payment of amount. Inder Singh died on 6.12.1965 and it was claimed that the plaintiffs (now the appellants) being his descendants were entitled to possession of the suit land.