SUKHDEV SINGH Vs. BABU SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 23.11.2005 passed by the learned Courts below vide which suit filed by the plaintiff / appellant for declaration that the plaintiff / appellant was owner in possession of land measuring 6 Kanals, bearing Khata No. 231/401, Khasra No. 170//13/1(6-0), as entered in the jamabandi for the year 1988-89, situated at village Handiaya (A) Tehsil Barnala on the basis of sale deed No. 2150 dated 2.6.1988 with a consequential relief of permanent injunction, has been ordered to be dismissed.

(2.) THE plaintiff claimed himself to be owner in possession of the suit land on the basis of sale deed said to have been executed by Avtar Singh one of the co-sharers of the property. The sale deed was executed on 2.6.1988. However, prior to the execution of the sale deed Babu Singh, defendant / respondent had filed a suit for partition of joint holding. In the partition the property in dispute fell to the share of Babu Singh.

(3.) THE learned Courts below have non-suited the plaintiff / appellant in view of the partition proceedings initiated by Avtar Singh in which the order of partition had been passed and the disputed property fell to the share of Babu Singh.