SALWANT SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) SALWANT Singh, defendant No. 1 Darshan Singh and Harpreet Singh defendants 2 and 3 in the trial Court, have filed the present regular second appeal, which has been directed against the judgment and decree dated 26. 4. 1984 passed by the Court of Additional District Judge, Faridkot, who affirmed the judgment and decree dated 20. 9. 1979 passed by the Court of Sub Judge Ist Class, Muktsar who decreed the suit of the plaintiffs-respondents, namely, Surinder Singh, Jagdish Singh, Surjit Kaur, Gurdev Singh and Maharaja Singh, who are sons and daughter of Sulakhan Singh deceased.

(2.) THE pleadings of the parties can be summarised in the following manner:3.

(3.) NOTICE of the suit was given to the defendants!. Joint written statement was filed by defendants Nos. 1, 2, 4 and 5, and they took the objection that the plaintiffs had no locus standi to file the suit; that the suit was not within time; that the suit was barred by the principles of res judicata. According to these defendants, Sulakhan Singh died in Pakistan and that the plaintiffs are not the heirs of Sulakhan Singh. After the death of Sulakhan Singh the property was inherited by Bahal Singh defendant No. 5, who had sold the same vide sale deed dated 22. 11. 1968 to defendants Nos. 1 to 2 for a consideration of Rs. 25,000/ -. These defendants are in possession of the land since then. The land was purchased for consideration and they are the bona fide purchasers. Defendant No. 3 filed a separate written statement but his stand was common with that of his co-defendants Nos. 1, 2, 4 and 5. 5. From the pleadings of the parties, the learned trial Court framed the following issues: