MEWA SINGH Vs. TEHAL SINGH
LAWS(P&H)-2022-11-186
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 24,2022

MEWA SINGH Appellant
VERSUS
TEHAL SINGH Respondents




JUDGEMENT

H.S.MADAAN, J. - (1.)Briefly stated, facts of the case are that plaintiffs Tehal Singh and Chaman Singh both sons of Sh.Jang Singh had brought a suit against defendants Mewa Singh and others seeking a declaration that their father Sh.Jang Singh is owner in possession of the suit property situated at village Sasrali, Tehsil and District Ludhiana, as per the orders passed passed by the revenue authorities in the year 2010 and at present plaintiffs are in possession of the same since Sh.Jang Singh is missing and the revenue entries got recorded by defendants in connivance with the revenue officials are wrong, illegal and are liable to be corrected by incorporating name of Sh.Jang Singh in column of ownership and possession in the jamabandi and khasra girdawari.
(2.)On getting notice, the defendants put in appearance. Defendant Mewa Singh and others had filed an application before the trial Court seeking rejection of the plaint in terms of Order 7 Rule 11 CPC contending that the plaintiffs had filed the suit on behalf of Jang Singh without getting him declared as dead and the averments in the plaint do not disclose any cause of action; the suit is hopelessly time barred having been filed after 42 years to challenge the sale deed executed in favour of defendants.
(3.)The application was opposed by the plaintiffs.


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