BALDEV SINGH Vs. ALL SAINT CONVENT SCHOOL, AJNALA
LAWS(P&H)-2011-11-38
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 14,2011

BALDEV SINGH Appellant
VERSUS
All Saint Convent School, Ajnala Respondents

JUDGEMENT

RAM CHAND GUPTA, J. - (1.) THE present regular second appeal has been filed against the judgment and decree dated 19.05.2007 passed by learned Additional District Judge (Ad hoc), Fast Track Court, Amritsar dismissing appeal filed by present appellants-plaintiffs against the judgment and decree dated 8.10.2004 passed by learned Additional Civil Judge (Senior Division), Ajnala dismissing the suit filed by appellants-plaintiffs.
(2.) I have heard learned counsel for the parties and have gone through the whole record including both the impugned judgments passed by the Courts below. Briefly stated, present appellants-plaintiffs filed the suit for possession of the land in dispute on the plea that Charan Singh, predecessor-in-interest of present appellants-plaintiffs was exclusive owner of entire land and that respondents-defendants are alleged to have purchased the land in dispute from Charan Singh as well as Balbir Singh, whereas Balbir Singh was not owner of the land in dispute and Charan Singh was owner of the entire land and hence, it is contended that Balbir Singh was not competent to execute the sale deed.
(3.) ON notice being issued, respondents-defendants contested the suit on the ground that they have been continuing in possession as owners since the execution of the sale deed in their favour by Balbir Singh and Charan Singh i.e. since the year 1957. As both of them were recorded as owners in the revenue record, and hence, they are transferee for consideration and have been continuing in possession as owners. Plea has also been taken that sale deed was signed by both Balbir Singh as well as Charan Singh through whom the plaintiffs are claiming right in the land in dispute.;


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