PARAMJIT SINGH Vs. BALWINDER SINGH AND ORS.

JUDGEMENT

(1.) THE plaintiff is in second appeal after his suit was dismissed by the learned Additional Civil Judge (Senior Division), Phillaur and the first appeal by the learned Additional District Judge, Jalandhar.

(2.) THE suit land is stated to have been previously owned and possessed by the father of the appellant and respondent No. 2 (husband of respondent No. 3), in village Pasala, Tehsil Phillaur, District Jalandhar. Gian Singh, i.e. the father of the appellant, died on 27.07.1997 and thereafter, as per the plaint, the appellant and respondents No. 2 and 3 inherited the land in equal shares. All the three are generally stated to be resident outside India and when the appellant came to India in January 2003 and approached the village Patwari to get the suit land mutated in his and his co -sharers' names, he allegedly came to know that it stands the name of respondent No. 1, Balwinder Singh son of Gurdip Singh.

(3.) ON being issued notice, respondent (defendant No. 1) filed a written statement in which other than the usual preliminary objections of lack of locus -standi etc., he stated that the suit land had been purchased by him from Gian Singh vide a registered sale deed dated 27.06.1996, for valuable consideration and consequently, he had come in possession thereof.