BHAGWAN KAUR Vs. RANJIT SINGH

JUDGEMENT

(1.) This second Appeal is directed against the judgment and decree of the First Appellate Judge who on appeal affirmed that of the trial Court although on different reasons.

(2.) THE FACTS: The predecessor-in-interest of the appellants, Gobind Singh (hereinafter referred to as the plaintiff), brought a suit against the predecessor-in-interest of the defendants (hereinafter referred to as the defendants) for a declaration to the effect that he was the exclusive owner in possession of the disputed land. He pleaded that he got the land in exchange for his Haveli from the owners Jeona and Sahib Dayal. On Sept. 21, 1951 during consolidation proceedings, a resolution was recorded at Sr. No. 144 of even date with regard to the factum of exchange. He continued to be in possession of the land got in exchange. Jeona and Sahib Dayal entered into possession of his Haveli. In the alternative, the ownership was also claimed on the ground of adverse possession. Jeona died 22 years prior to the filing of the suit whereas Sahib Dayal died five years later. Suit was filed against defendant/respondent No. 1. Gurdial Kaur daughter of Jeona and sister of Sahib Dayal was impleaded as a defendant in the suit and on her death her son was brought on record as defendant No. 2.

(3.) The defendants controverted the allegations made in the plaint and inter alia pleaded that the suit land was given to Gobind Singh for cultivation as a tenant on rent. The possession over the Haveli was admitted but it was pleaded that it was purchased for the residence of Sahib Dayal by his sister Smt. Gurdial Kaur (who was impleaded as defendant No. 2 in the suit).