L.N. Mittal, J. - (1.) PLAINTIFFS Jaswant Singh and Kulwant Singh (both brothers) having succeeded in the trial court but having been non -suited by the lower appellate court are in second appeal.
(2.) APPELLANTS filed suit against Gian Chand Defendant (since deceased and represented by Respondents as his legal heirs) alleging that Plaintiffs purchased 31 kanals 9 marlas land (including 24 kanals land in suit comprised of khasra No. 92R/8, 9 and 10) from Kundan Singh vide registered sale deed dated 21.12.1982 and are owners in possession thereof. Kundan Singh had purchased said land from Central Government. Defendant has no right, title or interest in the suit land. Even if Defendant had any title in the suit land, the same stands extinguished by adverse possession of the Plaintiffs over the suit land since 1982 i.e. for more than 12 years. However, the Defendant threatened to take possession of the suit land on the basis of decree obtained by him against State of Punjab and others. Said decree is not binding on the Plaintiffs as they were not party to the same. Accordingly, the Plaintiffs sought declaration that they are owners in possession of the suit land measuring 24 kanals and Defendant has no right, title or interest therein. The Plaintiffs also claimed permanent injunction restraining Defendant from dispossessing the Plaintiffs from the suit land. The Defendant raised various preliminary objections including the objection that the suit is not maintainable in the present form and Plaintiffs have concealed material facts. On merits, it was pleaded that neither Kundan Singh was owner of the suit land nor Plaintiffs are owners thereof. Sale in favour of Plaintiffs by Kundan Singh is illegal and null and void and is not binding on the Defendant. On the contrary, being evacuee property it was put to auction by competent officer in the year 1953 and sale certificate of suit land and other land was issued in favour of Defendant's father Salig Ram being purchaser in the auction. On the death of Salig Ram his legal heirs including the Defendant became the owners of the suit land. Defendant's suit for possession of the suit land and other land stands decreed. In execution petition thereof, Plaintiffs herein filed objections which were dismissed on 17.1.1998. The Plaintiffs did not challenge the said order by filing appeal or revision. Plaintiffs have concealed these material facts. Plaintiffs have no right, title or interest in the suit land. They are tress -passers in the suit land. Defendant, therefore, made counter claim for possession of the suit land. Various other pleas were also raised.
(3.) LEARNED Civil Judge (Junior Division), Batala vide judgment and decree dated 27.1.2005 decreed the suit of the Plaintiffs and dismissed the counter claim of the Defendant. First appeal preferred by Defendant has, however, been allowed by learned Additional District Judge, Gurdaspur vide judgment and decree dated 19.2.2009 and thereby suit filed by the Plaintiffs stands dismissed. Feeling aggrieved, Plaintiffs have filed the instant second appeal.;