KASHMIR SINGH Vs. SEWA SINGH AND ORS.

JUDGEMENT

(1.) The present regular second appeal is directed at the instance of the defendant No.15, Kashmir Singh (since deceased) being represented by the legal representatives against the judgment and decree of the trial Court as well as the lower Appellate Court whereby trial Court granted relief qua few khasra numbers and declined against one khasra number.

(2.) Sewa Singh son of Bhag Singh, Baldev Singh, Pal Singh, Sukhdev Singh, Daljit Singh, Lal Singh sons of Balwant Singh (since deceased) son of Khazan Singh and Jaswant Singh son of Khazan Singh instituted suit against sixteen defendants including appellant-defendant No.15 claiming separate possession of land measuring 2 kanals by way of partition out of total land measuring 5 kanals 7 marlas bearing Khewat No.37, Khatauni No.64, Khasra numbers Rect. No.14, Killa No.12 as per jamabandi for the year 1968-69 allocated as Khewat No.47, Khatauni No.101 to 104, Khasra No. Rect. No.14, Killa No.12/1 min (0-12) 12/1 (0-13), 12/1 min (0-12), 12/4 (0-18) Khewat No.46, Khatauni No.69/1 Khasra No. Rect. No.14, Killa No.12/5 (0-6) Khewat No.306 Khatauni No.424, Khasra No. Rect. No.14 Killa No.12/2 (0-3) Khewat No.264 Khatauni No.375 and 375 Khasra No. Rect. 14 Killa No.12/3 min (1-15) 12/min (0-6) as per jamabandi for the year 1978-79 situated in village Kainthan HB No.131, Tehsil Dasuya, District Hoshiarpur, as per judgment and decree dtd. 16/8/1975 of Sub Judge 1st Class and appellate court judgment dtd. 3/6/1978, Ex.P1 and P2. Thereafter, khasra No.12 was bifurcated into parts as mentioned above and reflected in the jamabandi 1978-79. In such circumstances, defendants become co-owners and had been occupying more than their shares and therefore, sought possession. It was also clarified hat defendants No.17 and 18 i.e. Balwant Singh and Jaswant Singh had been impleaded.

(3.) However, the suit was contested by defendants No.1 to 4, 10, 13, 14 and 15 and rest of the defendants were proceeded ex parte. Defendants No.1 to 4, 10, 13, 14 and 15 filed three sets of written statement. Written statements filed by defendants No.1 to 4, 10 and 13 are almost identical and alleged that decrees and judgments Ex.P1 and P2 had become inexecutable being void, illegal and infrcutuous, as the identity of the land i.e. subject matter of the suit was in dispute. Execution application filed by the plaintiffs was dismissed vide order dtd. 20/3/1980 and mutation entered on the basis of the decree was rejected by the Assistant Collector 1st Grade, Dasuya on 17/9/1979. The old khasra number at present did not exist, much less, possession of the plaintiffs was denied.