Gurbax Rai Majithia, J. - (1.) Defendants have come up in regular second appeal against the judgment and decree of the first appellate court affirming on appeal those of the trial Court, whereby the suit of the Plaintiff -Respondents was decreed in respect of Plot No. 118 measuring 222 Sq. Yards comprised in Khasra No. 18//2 situate in Tafazalpura, tehsil and district Patiala.
(2.) The facts: Babu Singh, predecessor -in -interest of the Plaintiff -Respondents, vide registered sale deed dated February 12, 1970, purchased plot No. 118 measuring 222 Sq. Yards carved out of Khasra No. 18//2 from Bhagat Singh son of Kharak Singh through his General Attorney Ajit Singh son of Gurbax Singh (vendor of Defendants No. 1 and 2). Possession of the plots is claimed to have been delivered pursuant to the sale. It is further stated that Gurbax Singh son of Bhagat Singh sold the plot of land comprised in Khasra No -18//3/2 to Defendants No. 1 and 2 (Appellant No. 1 and Appellants No. 2 to 7 successors -in interest of Sham Lai, Defendant No. 2) vide registered sale -deed dated November 5, 1979. The defendants had taken possession of the plot in dispute since it was lying vacant and had constructed boundary wall on the existing foundation which was filled by Babu Singh, the predecessor -in -interest of the Plaintiffs in 1971.
(3.) Defendants No. 1 and 2 denied the allegations made in the plaint and pleaded that Bhagat Singh was not the owner of the plot in dispute and the alleged sale deed in favour of the predecessor -in -interest of the plaintiffs was a sham transaction. They validly purchased the plot, which was carved out of Khasra No. 18//3/2, from Gurbax Singh son of Bhagat Singh, for, Rs. 15,000/ - and the possession of the said plot was given to them by the vendor. Defendants No. 1 and 2 had spent Rs. 2,000/ - and Rs. 6,000/ - respectively on the improvements made.;