KULWANT SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) This is a defendant's appeal and has been directed against the judgment and decree dated 26.9.1979 passed by Addl. District Judge, Ludhiana who affirmed the judgment and decree dated 27.10.1978 passed by Sub-Judge, 1st Class, Jagraon, who decreed the suit of the plaintiff-respondent Karnail Singh.

(2.) The case set up by the plaintiff is that the vacant site fully described in para No.1 of the plaint situated at village Akalgarh is his ownership and he is in possession of the same. He purchased the same vide sale deed dated 24.2.1975 registered on 26.2.1975 from one Santokh Singh son of Basawa Singh resident of village Sudhar; and since then he is in possession of the same as owner. He constructed a Kotha in the site in dispute which is adjacent to his house shown in green colour in the site plan attached with the plaint. The water of his house passes through the site in dispute and windows of his house also open towards the site in dispute. Plaintiff has also constructed Khurlies, placed toka-machine and has also constructed varandah besides planting Kikar trees in the site in dispute. The defendant is threatening to interfere in the possession of the plaintiff on the site in dispute and is also trying to dispossess him. Moreover, proceedings under Section 145 Cr.P.C. were also started between the parties. The defendant has no right, title or interest in the site in dispute.

(3.) Notice of the suit was given to the defendant. The defendant pleaded that plaintiff has no locus standi to file the suit and he is also estopped from filing the present suit by his own act and conduct.' On merit, the plea of the defendant was that Santokh Singh had no right to sell the site in dispute to the plaintiff. Actually Kehar Singh father of the defendant, was the owner of the plot measuring 9-1/2 biswas situated in village Akalgarh. Out of the said property, 4 biswas were sold to the plaintiff and his brother vide sale-deed dated 31.10.1958 registered on 19.3.1959 by Kehar Singh. The remaining 5-1/2 biswas are in actual possession of the defendant as owner and he has been using the property in dispute for storing dung cakes, manure heaps and tethering cattle. There is a boundary wall around the property in dispute. The plaintiff has no right, title or interest in the property in dispute.