MILKHA SINGH Vs. MAKHAN SINGH

JUDGEMENT

(1.) THE plaintiff, feeling dis-satisfied with the judgment and decree dated 7.3.1991 passed by Mr. D. S. Chhina, the then Additional District Judge, Gurdaspur, has preferred the instant Regular Second Appeal in this Court. By the impugned judgment and decree, the learned Additional District Judge, Gurdaspur has reversed the findings of learned trial Court on issue No. 1 and dismissed the suit of the plaintiff.

(2.) BRIEFLY stated the facts of the case are that the plaintiff filed a suit for possession of the land in dispute on the averments that he was the exclusive owner of the suit land after partition of joint khata with other co-sharers. Mutation No. 1054 was sanctioned on the basis of partition dated 24.2.1981. Previously, Jai Singh, father of defendant No. 1 and defendant No. 1 were in illegal and unauthorised possession of the suit land. After the death of Jai Singh, all the defendants were in illegal and unauthorised possession. He requested the defendants to admit his claim but to no effect.

(3.) ON the pleadings of the parties, the learned trial Court framed the following issues :-