SURINDER SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 19.7.2008 passed by the learned courts below vide which suit filed by the plaintiff/appellant seeking possession by way of partition of plot/building detailed in the head-note of the plaint, stands dismissed.

(2.) The case set up by the plaintiff/appellant was that the plot in dispute was purchased jointly by the plaintiff and defendant and was in possession of plaintiff's son under the settlement between the plaintiff and defendant.

(3.) The suit was contested by the defendant on the plea that the plaintiff had no right or interest in the property in dispute which was purchased by the defendant by selling plot measuring 300 sq. yards situated within the Municipal limits of Ludhiana. The building was said to have been constructed by the defendant. It was claimed that though the sale deed was executed in favour of the defendant/respondent, the plaintiff committed forgery to insert his name in the sale deed with the connivance of the official.