DALIP SINGH Vs. NAZAR KHAN

JUDGEMENT

(1.) This is defendants' second appeal directed against the judgment of the Courts below whereby suit of the plaintiff for possession has been decreed.

(2.) Plaintiff-Nazar Khan filed suit for possession of evacuee Plot No. 6 measuring 1426 Sq. Ft. in village Narike Kalan, Tehsil Malerkotla District Sangrur. As per averments made in the plaint, plaintiff had purchased Plot No. 6 vide sanad dated 27.4.1965 issued by Tehsildar Sales-cum-Managing Officer, Sangrur, He alleged that the defendants had made unauthorised structures on the evacuee Plot No. 6 and they be directed to remove the unauthorised construction. Injunction was also prayed for restraining the defendants from interfering in the possession of the plaintiff after removal of the structures.- Defendants, in the written statement, submitted that the plaintiff is in possession of two evacuee houses along with his father-in-law, Gehna brother-in-law, Sher Singh and others to which sale certificate set up by the plaintiff relates. Defendants further submitted that the plot in their possession originally belonged to the Muslims who had migrated to Pakistan. Subsequently, plot was allotted to Buta Singh son of Santa Singh vide sanad permanent Allotment Nos. S-III-19 (44 55N dated 12.7.1955). After the allotment, defendants Sarja Singh and Dalip Singh continued in its possession as licensees of said Buta Singh. Vide sale deed dated 19.6.1959 Buta Singh sold the plot to Sarja Singh and Dalip Singh-defendants.

(3.) From the pleadings of the parties, the following issues were framed by the trial Court :-