- (1.) This is regular second appeal filed by defendant No.2 Nizam Din against the concurrent judgments and decrees passed by the courts below decreeing the suit of the plaintiff.
(2.) Brief facts of this case are that plaintiff Idu son of Ziwa filed a suit for declaration and permanent injunction to the effect that he is owner in possession of the suit property measuring 17 Biswas comprised in Khasra No.191/98 min situated in the area of Rehmatgarh Killa, Malerkotla and also sought restraint order against defendants Nizam Din and Abdul Hamid from taking forcible possession of the subject land. It was alleged that Abdul Hamid was the owner of the land and the same was sold by him in favour of plaintiff on 27.07.1957 and 14.08.1957 vide two sale deeds in the ratio of area of 9 Biswas and 8 Biswas of land respectively. Since the sale consideration was less than Rs. 100/-, therefore, these sale deeds were not registered. It was alleged that since the plaintiff was in possession of the land since long, therefore, alternatively the plaintiff had become owner of the land by adverse possession.
(3.) Defendant Abdul Hamid contested the suit by saying that he did not execute the sale deeds in favour of plaintiff. Nizam Din contested the suit on the ground that sale deed for 8 Biswas of land was not executed by Abdul Hamid and he claimed himself to be cosharer in the suit land having purchased the same from Abdul Hamid through registered sale deed.;