evidence copy of jamabandi for the year 2005-06 (Ex.P-1), showing him as owner in possession of ½ share of the suit property and his brother as gair maurusi of remaining land. Girdawari for kharif 2014 and rabi 2015 was also produced in evidence as Ex.P-2, confirming the same fact. Affidavit of Gurdeep Singh was also produced in evidence as Ex.P-3, which was with regard to relinquishment of his interest in favour of the plain ff. Otherwise also, the plain ff, being co-owner, is supposed to be in possession of each and every inch of suit land. Copy of judgment passed in case filed by Darshan Singh defendant no.2, against the plain ff, for declara on and permanent injunc on as a consequen al relief was also produced in evidence as Ex.PX, vide which the suit filed by Darshan Singh with regard to ownership and possession was dismissed. In the said suit, plea of fraud was taken by the defendant Darshan Singh and it was pleaded that at the me of registra on of sale deed in their favour, suit land falling in rect.no.39, Killa no.5/1 (2-3) was deliberately not men oned in the sale deed executed by Bijender Singh in their favour. In view of the submissions made by the counsel for the par es, the appeal against judgment Ex.PX has also been dismissed and as such at this stage it can be said that the said judgment has a3ained finality. Pendency of applica on for seIng aside of exparte judgment and decree is of no effect.
