- (1.) THE case giving rise to these two regular second appeals Nos. 282 and 283 of 1954 has had a chequered history. A small piece of agricultural land measuring about 7 Bighas and 18 Biswas, situate in village Raipur, District Ludhiana has been the bone of contention and subject-matter of several suits and other proceedings between the parties for the last so many years. On 11th February, 1943, Ajaib Singh, the original owner of the land, sold it to Sant Ram, father of Ram Singh appellant, for a consideration of Rs. 4000/- and executed a deed in his favour. The same day the parties to the document "appeared before the Sub-Registrar to get it registered. Since it was after the time fixed for the purpose, the Sub-Registrar asked the parties to come on the following day. Thereafter, the parties never appeared and the document was not registered.
(2.) ON the 18th March, 1943, Ajaib Singh exchanged 3 Bighas 5 Biswas out of that land with baldev Singh (respondent in appeal No. 283 ). The exchange-deed was duly registered On 27th march, 1943. The remaining land was sold by Ajaib Singh to Jasmer Singh (respondent in appeal no. 282) by a registered deed dated llth October, 1943.
(3.) ON 4th May, 1943, Sant Ram submitted an application to the Sub-Registrar purporting to be one under Section 36 of the Registration Act (hereinafter to be referred as the Act) praying that the sale-deed in his favour, which Ajaib Singh had in the meantime presented to the Registrar (Collector) for refund of the stamp duty, be sent for from that office and Unit Ajaib Singh be also summoned and the deed registered. The same day, the Sub-Registrar returned the application with the order that it should be represented along with the document. On the very day Sant Ram filed an appeal against this order, treating it as one refusing to register the document, under section 72 of the Act. The Registrar dismissed the appeal on 25th November, 1943. 3a. On 8th May, 1943, Sant Ram had already instituted a suit against Ajaib Singh for possession of the land by specific performance of the sale deed in his favour. On an application presented by baldev Singh and Jasmer Singh respondents they were impleaded as defendants to the suit. The suit ended in a compromise between Sant Ram and Aiaib Singh, but as against the respondents it was withdrawn with liberty to institute a fresh suit. This happened on 7th March, 1944. For facility of reference this would be called as suit No. 1.;