GURBAX SINGH Vs. DARSHAN SINGH AND OTHERS

JUDGEMENT

(1.) THIS is Plaintiff's second appeal whose suit for possession of the land measuring 3 kanals has been dismissed by both the Courts below.

(2.) THE Plaintiff filed the suit for possession of the suit land measuring 3 kanals on the allegations that he was in possession of the said land along with other land as a co -sharer. The Defendants took forcible possession of the suit land ; hence the present suit. The suit was contested by the Defendants on the plea that they had purchased 11/19th share of the land measuring 26 kanals 14 marlas including the land in suit, i. e., khasra No. 10/14 by means of a sale deed dated May 6, 1970, for Rs. 10,000/ -. Similarly, they had purchased 4/19th share of the land measuring 26 kanal 14 marlas by another sale deed dated October 25, 1970, for Rs. 5,000/. In this manner, they had become the co -sharers to the extent of 13/19th share of the land measuring 26 kanals 14 marlas including khasra No. 10/14. It was denied that they had taken forcible possession of the suit land as alleged. According to them, there was some dispute between the parties, but the respectables of the village got a compromise arrived at between them and since then, they are in possession of the suit land as co -sharers. The trial Court found that it was on account of the compromise that the suit land was handed over to the Defendants by the Plaintiff who were admittedly the co -sharers in the land. In view of that finding, the Plaintiff's suit was dismissed. In appeal, the learned Senior Subordinate Judge with enhanced appellate powers came to the conclusion that the said compromise, if any, could not be given effect to as it was not a registered one, but the decree of the trial Court was maintained on the ground that the Defendants being the co -sharers were entitled to continue in possession till partition.

(3.) AFTER hearing the learned Counsel for the parties, I do not find any merit in this appeal.