MAJOR SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This R.S.A. has been directed against the judgment and decree dated 7.3.1994 passed by the Court of Additional District Judge, Ferozepur, who affirmed the judgment and decree dated 12.8.1993 passed by the Court of Sub Judge, Ferozepur.

(2.) Brief facts of the case are that plaintiff Mohinder Singh (now respondent) filed a suit for possession against Major Singh, Ajaib Singh and Karamjit Kaur defendants (now appellants) for the portion of the house consisting of two rooms and countryard shown in red colour in the site plan, situated at Bajindpur, Tehsil and District Ferozepur. The case set up by the plaintiff is that he purchased the house measuring 1 kanal 7 Marlas out of house No. 104, 105 measuring 2 Kanals 14 Marlas vide registered sale deed dated 13.3.1974 from Mangal Singh son of Labh Singh fora sum of Rs. 2,000/-. The plaintiff became the owner in possession of the said portion of the house. The defendants had taken forcible possession of the disputed house about three months before the institution of the suit though they had no right to do so. The defendants were called upon to deliver the possession of the house to the plaintiff but to no effect. Hence the suit.

(3.) The record of the trial Court shows that the suit was contested by defendants Nos. 1 to 3 and their stand was that the plaintiff had no locus standi to file the suit and the sale deed dated 13.3.1974 relied upon by the plaintiff was a fabricated document. Mangal Singh was survived by four sons, namely, Mohinder Singh plaintiff, Gurnam Singh, Shingara Singh and Jagir Singh. Mohinder Singh gave the share of the land measuring 2 kanals 14 Marlas to his brother Gurnam Singh in exchange and thus Gurnam Singh became owner of the land measuring 2 Kanals 14 Marlas. Jasbir Singh and Gurbir Singh sons of Gurnam Singh had already sold the plot measuring I Kanal to Ajaib Singh and Karamjit Kaur defendants on 12.2.1990 for a consideration of Rs. 54,000/-. Jasbir Singh and Gurbir Singh have given affidavits to the vendees regarding the sale of land measuring 1 Kanal to defendants Ajaib Singh and Karamjit Kaur.