Raj Mohan Singh, J. - (1.) Plaintiffs are in second appeal against judgment and decree dated 09.12.2008 passed by Additional District Judge, Mansa whereby the appeal preferred by defendants against judgment and decree dated 06.10.2007 passed by Civil Judge (Sr. Divn) Mansa was partly accepted.
(2.) Plaintiffs Balwant Kaur and others filed suit for possession and permanent injunction against Kartar Singh and Sukhdev Singh in respect of house bounded with specific dimensions sold by defendant No. 2 in favour of defendant No. 1 vide registered sale deed dated 17.12.1999 and for permanent injunction restraining defendant No. 1 from alienating the suit land.
(3.) Defendants contested the suit on all counts. Defendants pleaded that plaintiffs Balwant Kaur and Surjit Kaur had filed a suit against Mahinder Singh -plaintiff No. 3 and the present property was not included in that suit. Defendant No. 1 was in possession of the property for more than 20 years prior to date of execution of sale deed and in alternative, defendant No. 1 took the plea that he has become owner by way of adverse possession as his possession was without any payment of rent and he had raised construction after demolishing the old structure by incurring heavy expenses. Defendants also claimed special cost and the suit was claimed to be hit by Sec. 44 of the Indian Evidence Act as the registered documents could only be challenged on the ground of fraud and not otherwise. Defendant No. 2 executed the sale deed as an attorney of defendant No. 3.;