ARJUN SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) DEFENDANT No. 1 Arjan Singh is in second appeal against the judgment and decree of learned Addl. District Judge (Adhoc) Fast Track Court, Amritsar, dated 30.5.2008 by which the suit of the plaintiff was decreed and the judgment and decree of the Civil Judge (Senior Division) Amritsar dated 27.7.2004 was set aside.

(2.) THE learned counsel for the appellant has raised following questions of law in this appeal.

(3.) ONLY defendant No. 1.contested the suit and filed the written statement taking preliminary objection that the plaintiff has no right, title or interest in the suit property. On merit, it was submitted that plaint is vague because complete particulars of the mortgaged property were not given. Defendant No. 1 proclaimed himself to be the owner and denied that 1/2 share was inherited by Mohinder Singh (defendant No. 2), Taro (defendant No. 3) and Gejo (defendant No. 4) . It was also claimed that he had become the owner of the suit property by lapse of time and thus prayed that suit be dismissed.