JOGINDER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This revision petition has been filed by Joginder Singh, defendant, against the order of the Senior Subordinate Judge, Gurdaspur, dated November 29, 1976 by which an application for permission to withdraw from the suit with liberty to institute a fresh suit was allowed.

(2.) Briefly, the case of the plaintiff was that he alongwith his brothers Joginder Singh and Surain Singh, purchased 8 kanals of land comprised in khasra No. 425, situated in village Bhattian, Tehsil and District Gurdaspur, for a consideration of Rs. 653/12/- vide sale certificate dated March 8, 1956. Consolidation of holdings took place in that village and land comprised in rectangle No. 30, killa No. 3/2, measuring 6 kanals and 12 marlas, was allotted to them in lieu of khasra No. 425. It is alleged that Joginder Singh, defendant, had taken possession of the entire land in which the plaintiff was entitled to 1/3rd share. Consequently, he filed a suit for possession of 2 kanals and 4 marlas, being 1/3rd share in the said property, that is, rectangle No. 30 killa No. 3/2.

(3.) Joginder Singh, defendant, contested the suit and denied the allegations of the plaintiff. He inter alia, pleaded that he alone had purchased 8 kanals of land comprised in khasra 425, from the competent officer and that the entire consideration was paid by him. He, however, admitted that consolidation of holdings had taken place in the village and he had been allotted killa No. 3/2 in rectangle No. 30, in lieu of khasra No. 425. He further said that the land in dispute had fallen to his share in the partition proceedings initiated by Mohinder Singh, plaintiff. Sohno, widow of Surain Singh, since deceased, also filed a similar written statement and claimed half-share in the land.