L.N.MITTAL
Jaswant Singh – Appellant
Versus
Kuldip Raj – Respondent
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 an
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