KEHAR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) Amrik Singh was the common ancestor of the parties while Dalip Singh plaintiff-respondent claim himself to be the adopted son of Sajjan Singh. Defendant Nos. 1 to 5 were his collaterals. The following pedigree table of the family would usefully illustrate the inter-se relationship of the parties.

(2.) Amrik Sing aforesaid owned land in village Longowal, Tehsil Sangrur, and village Mauran, Tehsil Barnala. While Sajjan Singh was residing in village Longwal, his two brothers Gajjan Singh and Khem Singh and their defendants were living in village Mauran. On the death of Amrik Singh, the ancestral land in both the villages was inherited by his three sons. However, Sajjan Singh died in or about Magh 1992 Bikarmi and his adopted son Dalip Singh plaintiff-respondent, therefore, inherited 1/3rd share in the joint land situated in both the villages Longwal and Mauran. It is the common case that so far as land situate in village Longwal was concerned the mutation evidencing the same was duly entered but as regards the land in village Mauran, the defendants fraudulently got entered in the revenue records that Sajjan Singh had died issuless and they had inherited his share. The plaintiff-respondent's case was that defendant Nos. 1 to 5 and their ancestors who were in possession of the land continued to pay batai to him but when in June, 1965, they defaulted and refused to do so he filed the present suit for joint possession of 1/3rd share in the 602 Kanals and 4 Marlas of land situated in village Mauran. The transferees of defendant Nos. 1 to 5 were also impleaded as parties but they did not choose to put in appearance and were proceeded ex parte.

(3.) The plea raised on behalf of the five defendants was that the plaintiff was not the adopted son of Sajjan Singh and that he had no locus standi to file the suit. The bar of limitation was also pleaded and it was further alleged that the plaintiff had abandoned his rights to the land.