Defendants no.1 and 3 took a stand that not only the suit property but the adjoining room had also been sold by defendant no.2. Earlier Jassa Singh father of defendant no.1 had remained in possession as owner not only of the room but also of the vacant site which is a courtyard in front of the room. It was further stated that there was a small room in the said courtyard and since defendants no.2 and 3 claimed the same to be their own and in order to avoid any dispute defendant no.1 had got a sale deed registered from defendants no.2 and 3 for a sale consideration of Rs.50,000/-. Under such circumstances, it was pleaded that defendant no.1 was owner of the suit property. It was further pleaded that defendant no.2 is now conniving with the plaintiff-appellant, whereas, it is defendant no.1, who is the owner in possession of the suit property on the basis of a sale deed, which was validly executed by defendants no.2 and 3 in his favour. Defendant no.2 filed a separate written statement and furnished pleadings supporting the claim of the plaintiff-appellant. He set up a defence of denial stating that no sale deed had been executed and he had never appeared before the concerned Sub Registrar for registration of the sale deed.
