KUNDAN SINGH Vs. JAGIR SINGH AND ANOTHER

JUDGEMENT

(1.) Kundan Singh, Jagtar Singh and Mohinder Singh, defendants Nos. 1 to 3 in the trial Court, have filed the present regular second appeal and it has been directed against the judgment and decree dated 20.2.1980 passed by the Additional District Judge, Amritsar, who affirmed the judgment and decree dated 21.9.1976 passed by the Sub Judge Ist Class, Patti (trial Court).

(2.) Plaintiff Jagtar Singh is the real brother of defendant No. 4 Tara Singh and both these brothers owned 66 Kanals 8 Marlas of land as shown in Jamabandi for the year 1950-51 and the land was situated in village Khem Karan. After consolidation the area of the land was reduced to 55 Kanals 15 Marlas and it was allotted in lieu of the area 66 Kanals 8 Marlas. Tara Singh defendant No. 4 sold the entire area 55 Kanals, 15 Marlas in favour of defendants Nos. 1 to 3, namely Kundan, Jagtar Singh and Mohinder Singh for a sum of Rs. 15,000/- vide sale deed (Ex. D1) dated 10th May, 1960. Jagir Singh plaintiff has alleged that he is not bound by the said sale deed executed by his brother Tara Singh in favour of defendants Nos. 1 to 3. According to Jagir Singh, Tara Singh defendant No. 4 had no right to transfer the entire land in favour of the defendants Nos. 1 to 3. The plaintiff alleges that out of the area measuring 55 Kanals 15 Marlas, the area measuring 29 Kanals 18 Marlas was acquired by the Central Government for defence purposes. Defendants Nos. 1 to 3 (now appellants) received a compensation from the Central Government. Jagir Singh plaintiff claims that he is entitled to the possession of remaining land measuring 25 Kanals 15 Marlas being the owner thereof. Defendants Nos. 1 to 3 deny his ownership with regard to the remaining area of the land.

(3.) The suit was contested by defendants Nos. 1 to 3, who took up the preliminary objection that plaintiff Jagir Singh is estopped from filing the suit; that he has no locus standi; that the suit is not maintainable; that it is barred by limitation. On merits the stand of defendants Nos. 1 to 3 is that the land was jointly owned by Jagir Singh and Tara Singh. Defendants Nos. 1 to 3 are the bona fide purchasers for consideration. Jagir Singh plaintiff himself participated in the agreement to sell and at that time he did not raise any objection regarding the ownership. Defendants Nos. 1 to 3 further pleaded that they got the possession of the suit land on 5.4.1960 and since then they are in possession thereof. Plaintiff Jagir Singh received the balance consideration and thus he is estopped by his own act and conduct from filing the present suit. The present suit has been filed by the plaintiff in collusion with defendant No. 4 Tara Singh. The compensation was received from the Central Government by defendants Nos. 1 to 3 alone. The plaintiff is not the owner of any parcel for the suit land. Finally it was prayed by the contesting defendants that the suit be dismissed.