NIRANJAN SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THIS is defendants regular second appeal against the concurrent judgments of the courts below.

(2.) THE case indeed has a chequered history. Earlier too, parties litigated upto High Court and it is only vide judgment and decree of this Court dated 2. 12. 1965 that the plaintiffs were held to be owners to be extent of 3 bighas of land in the village abadi in Khasra No. 2583. As regards the claim of the plaintiff with regard to the remaining property, the same was dismissed. It is pursuance to the judgment and decree of this court dated 2. 12. 1965 that the plaintiffs filed the present suit for possession by means of partition of land measuring 3 bighas (5 Kanals) now comprised in Khasra No. 698 M (previous Khasra No. 2583) in land measuring 8 Kanals 19 Marias situate at Kharar and shown as ABCDEF in the site plan. It is the case of the plaintiff that they are vendees from Mohammed Hassain and Barkat Khan under six different sale deeds dated 20. 9. 1935. Earlier there was some criminal litigation between these transferees and the defendants which ultimately led to the filing of the suit which was finally decided by this Court on 2. 12. 1965. Since the right of the plaintiffs was finally determined to the extent of three bighas, plaintiffs claimed possession of the vacant site marked ABCDEF as per site plan now forming part of Khasra No. 698 Min. The plaintiffs have stated that earlier this vacant site i. e. ABCDEF as comprised in Khasra No. 2583 Min and after consolidation of holdings in the village it was substituted into Khasra No. 698 in Min. Since the plaintiffs claim for possession was being resisted by the defendants, hence the present suit.

(3.) ON the pleadings of the parties, following issues (including the additional issues after the remand of the case) were framed: