K.C.GUPTA,J - (1.) THIS Regular Second Appeal is directed by the defendants against the judgment and decree dated 31.10.1980 passed by the Additional District Judge, Amritsar, whereby their appeal was dismissed.
(2.) BRIEFLY stated the facts are that Bachan Singh respondent-plaintiff (now deceased represented through his legal representatives) was an Ex-army personnel. He being an Ex-army personnel was allotted land measuring 52 kanals 9 marlas situated in village Anaitpur Tehsil Ajnala, District Amritsar, as detailed in the heading of the plaint. It was next averred by him that the appellants (defendants) took illegal possession in spite of repeated requests and as such, the appellants were trespassers. With these allegations suit for possession was filed on 16.1.1978. The appellants contested the suit and filed written statement on 28.3.1978. They denied the allegations of the respondents and stated that Bachan Singh was not allotted the land in question and even if it is proved that he was allotted the land as alleged, then the period of allotment has excited and as such, he has no right, title or interest in the suit property. They further stated that they have been in possession of the suit land for the last 20 years. It was further stated that about two years ago Bachan Singh approached them and told that he was the permanent allottee of the suit land and executed two agreements on 7.1.1974 and 24.6.1974 in their favour to sell the land and after execution of the agreements, they were in possession of the suit property in performance of their part of the contract. They also stated that they have paid Rs. 47,0000/- to Bachan Singh who had agreed to transfer the suit property in their favour. Accordingly, they prayed that the suit be dismissed.
(3.) ON these pleadings, following issues were framed : 1. Whether the suit land was allotted to the plaintiff as an ex-army personnel ? OPP 2. Whether the defendants are in possession of the suit land by virtue of agreements dated 7.1.1974 and 24.6.1974 ? If so, to what effect ? OPD. 3. Whether the plaintiff is entitled to the possession of the suit land ? OPD. 4. Relief. The parties adduced their evidence. The learned Subordinate Judge, Ajnala, after hearing counsel for the parties vide judgment dated 29.3.1979 decreed the suit of Bachan Singh for possession of the suit land by holding under issue No. 1 that the suit land was allotted to Bachan Singh as Ex-army personnel and under issue No. 2, that the appellants were not in possession of the suit land by virtue of the agreements dated 7.1.1974 and 24.6.1974 and further the said agreements were void agreements under Section 20 of the Indian Contract Act and Section 53-A of the Transfer of Property Act, was not applicable. It was further held under issue No. 3 that Bachan Singh was entitled to the possession of the suit land.;