AJIT MOHINDER SINGH Vs. BHANI

JUDGEMENT

(1.) Khema plaintiff brought a suit for joint possession of land measuring 8 Kanals 3 Marlas out of 409 Kanals 10 Marlas situated at Patti Bir Singh, as described in the plaint. He pleaded that he along with his brother Prem Singh owned th share each in the land measuring 19 Bighas 13 Biswas in Khewat No. 159 Khasra Nos. 3404 3405 and 3406. The remaining half share of the land was owned by Ralla Singh. Prem Singh sold his th share in the land to Zorawar Singh, whose name was recorded in the jamabandi. He, however, alleged that he was in possession of the entire land before the sale was effected by his brother Prem Singh to Zorawar Singh and he continued to be in its possession even after the sale. Zorawar Singh brought a suit for joint possession and got a decree with respect to th share of the land. During execution of that decree, a compromise was arrived at between him and Zorawar Singh. The latter received the amount of consideration of the sale and gave up his rights in the land. A writing dt. 12-7-1959 was recorded and signed by Zorawar Singh. He also made a statement in the Court through his Mukhtiar on 13-71959. To support his title further Zorawar Singh executed a sale deed in respect of th share of the land on 30-5-1960 for a consideration of Rs. 99/-. He, therefore, got report No. 308 dt. 9-6-1960 recorded with the Patwari for entry of a mutation on the basis of the said sale. However, the mutation could not be sanctioned as consolidation proceedings had started in the village. Later, due to mistake, the Consolidation authorities wrongly included th share of the land measuring 19 Bighas 13 Biswas amounting to 4 Bighas 18 Biswas in the holding of Zorawar Singh who was left with no right in that part of the land. In Nov., 1962, the Consolidation Officer delivered possession of that land to Zorawar Singh and in the Jamabandi for the year 1967-68 the land was recorded as ownership of Ajit Mohinder Singh and others, defendants-appellants, who are the successors-in-interest of Zorawar Singh. He contended that the defendants had no right to remain in possession of the land measuring 8 Kanals 3 Marlas and he was entitled to recover the possession. The defendants contested the suit. The sale by Prem Singh in favour of Zorawar Singh was admitted. The delivery of possession of the land to Zorawar Singh by the Consolidation authorities was also admitted in reply to para No. 5 of the plaint but it was claimed that the possession had been correctly delivered.

(2.) On the pleadings of the parties, the learned Sub-Judge 1st Class, Barnala, framed the following issues :-

(3.) Although issues Nos. (2) and (3) were decided in favour of the plaintiff, issue No. (1) was decided against him and it was held that the suit was barred by time. Consequently, the learned Sub-Judge 1st Class, Barnala, dismissed the plaintiff's suit vide judgement and decree dt. 31-5-1975.