GURDIAL SINGH Vs. SOHAN SINGH

JUDGEMENT

(1.) CMNo.7215-C of 2018 ; Heard.

(2.) Challenge in the present appeal has been directed against the judgment and decree dtd. 29/1/2018 passed by the Additional District Judge, Ambala whereby appeal against the judgment and decree dtd. 29/1/1994 passed by the Additional Senior Sub Judge, Ambala (hereinafter referred to as the trial Court) dismissing suit of the respondents/plaintiffs, was allowed, the impugned judgment and decree were set aside and the defendants (appellants herein) were directed to handover vacant possession of suit land to the respondents/plaintiffs within two months from the date of judgment.

(3.) The facts extracted from judgment of the Appellate Court are that as per case of the respondents/plaintiffs, Smt. Gulab Kaur, mother in law of plaintiffs was owner of suit land. She executed Will dtd. 1/3/1966 in favour of the respondents/plaintiffs. After death of Smt. Gulab Kaur on 11/6/1966, plaintiffs became owners of the suit property. One Jeet Singh filed Civil Suit No.684 of 1943 titled 'Jeet Singh vs. Gulab Kaur' in which a compromise took place between them on 10/6/1944 vide which Jeet Singh @ Mihan Singh was held entitle to use property during his lifetime and thereafter it was to revert back to Smt. Gulab Kaur, if alive or to devolve upon her heirs. Jeet Singh @ Mihan Singh pre-deceased Smt. Gulab Kaur and suit land came to her on the basis of compromise dtd. 10/6/1944. It is further pleaded that another suit titled 'Sadhu Singh etc. vs. Gurdial Singh etc.' was decided on 19/3/1982 and findings would operate as res judicata between the parties and binding upon them. The defendants illegally entered into possession of suit land and had started claiming that they are in adverse possession of the same for the last more than three years. Hence the suit.