From the perusal of record, it is made out that defendant Nos. 2 and 3 filed a suit under Section 14-A(ii) of the Punjab Security of Land Tenures Act, 1953 against Khanda Singh, appellant, in the Court of Assistant Collector-II Grade, Fatehabad, which was decided in favour of defendant Nos. 2 and 3 and accordingly appellant was dispossessed on 4.2.1978 from the suit property as evidenced by Rapat No.222, Exhibit P.7. Hence, on the date of filing of the present suit, defendant No.1/appellant was not in possession of the suit land. It is also made out that when Hon'ble the Supreme Court granted status-quo on 21.11.1980 (Exhibit D1), defendant No.1/appellant had already been dispossessed. In the circumstances, the courts below have rightly recorded the finding, that defendant No.1/appellant not being in possession, is a clear finding of fact. It is further made out that when Civil Suit No.356 of 1982 was decreed exparte in favour of appellant/defendant No.1 on 7.9.1983, defendants No.2 and 3 had no interest in the suit land as they had sold the land to Ashok Kumar on 5.7.1979, which is proved from Exhibit P.5. Subsequently, Ashok Kumar alienated the suit land in favour of plaintiffs/respondents No. 1 and 2 vide registered sale deed dated 21.6.1980. Thus, the learned courts below have rightly held that the judgment and decree passed in Civil Suit No.356 of 1982 was null and void as defendants No. 2 and 3 had no interest in the land in dispute. The finding recorded by the courts below on this aspect of the matter is pure finding of fact.
