BHAG SINGH Vs. SURINDER GANDHI

JUDGEMENT

(1.) Appellants/Plaintiffs filed a suit for declaration that the they were owners in possession of land bearing Khasra No. 410, meaksuring 1 Bigha 9 Biswas and that the entries in the Revenue papers showing the Respondents/Defendants in possession as mortgagees were wrong, illegal and contrary to the factual position. It was alleged that the suit land, i.e. land bearing Khasra No. 410, alongwith some other land bearing various Khasra numbers, was earlier in possession of the father of the Respondents/Defendants as a mortgagee and that a suit was filed for redemption of the mortgage in which a decree was passed in favour of the Appellants/Plaintiffs and that decree was affirmed by the Hon'ble High Court on 5.6.1974 and thereafter in execution of that decree possession of the entire mortgaged property, including the suit property, was delivered to the Plaintiffs on 22.11.1976. But despite the execution of decree, entries were continuing in the revenue papers showing the Defendants in possession of the suit land as mortgagees.

(2.) Respondents/Defendants contested the suit and alleged that possession of the suit land remained with them after the passing of the decree of redemption and that though the possession of all other Khasra numbers was delivered to the Plaintiffs in execution of the aforesaid decree of redemption, the possession of the suit land had not been delivered to the Plaintiffs and that it remained with them (Defendants) throughout and they had acquired title by prescription. It was also alleged that the Court did not have any jurisdiction, the suit was not maintainable, the Plaintiffs were estopped to file the suit by their acts and conduct, the suit was barred by time, the Plaintiffs had no cause of action and the suit was barred by rule of res judicata.

(3.) Trial Court framed various issues and tried the matter. At the end findings on all the issues were recorded in favour of the Plaintiffs and consequently the suit was decreed and decree declaring the Appellants/Plaintiffs as owners in possession of the suit land was passed.