JAGPAL SINGH Vs. SUKHPAL SINGH & ORS

JUDGEMENT

(1.) Dispute is primarily between the two brothers, namely, appellant Jagpal Singh/defendant no.3 and the respondent no.1-plaintiff Sukhpal Singh in respect of the property left behind by their father Parduman Singh.

(2.) The suit land was originally owned and possessed by Parduman Singh s/o of Ganda Singh, resident of village Kota Fatta, Tehsil and District Bathinda. He suffered a consent decree dated 28.08.1987 in favour of his son Jagpal Singh qua some portion of land. The mutation was accordingly incorporated in the revenue record whereas for the remaining portion of the suit land, Parduman Singh executed a registered Will dated 23.12.1991 in favour of his grandsons Gurinder Singh and Jagminder Singh sons of Sukhpal Singh(plaintiff). Parduman Singh died on 30.10.1996. His son Sukhpal Singh filed the present suit against his brother Jagpal Singh, his sons and the other family members and subsequent purchasers seeking declaration for joint possession claiming half share in the property owned by Parduman Singh and while challenging the validity of the aforesaid consent decree dated 28.08.1987 and the Will dated 23.12.1991. The suit was partly decreed by the learned Civil Judge(Jr. Divn.), Bathinda vide judgment and decree dated 14.09.2005 and the plaintiff Sukhpal Singh along with his two sons respondent nos.1 & 2(Gurinder and Jagminder) were declared owner in joint possession of 1/4 th share of the suit property forming part of the Will dated 23.12.1991 measuring 62 Kanal 08 marlas fully detailed in the headnote of the plaint. However, suit land qua the subject matter of the decree dated 28.08.1987 was dismissed. Accordingly, the transfer of the suit property by Gurinder and Jagminder(defendant nos.1 & 2) in favour of defendant nos.12 to 14 i.e. Mohinder Singh, Sukhjinder Singh sons of Jagpal and one Harbans Kaur(respondent nos.12 to 14 herein) vide sale deeds dated 9.1.1998 and 8.1.1998 were also declared null and void.

(3.) Dissatisfied against the decree dated 14.09.2005, the aforesaid two sons of Sukhpal Singh i.e. Gurinder Singh and Jagminder Singh, defendant nos.1 & 2 and the subsequent purchasers i.e. defendant nos.12 to 14 filed an appeal before the learned Additional District Judge, Bathinda whereas plaintiff Sukhpal Singh filed cross objections aggrieved qua of his share in the property covered by the consent decree dated 28.08.1987. The learned Ist lower Appellate Court vide its judgment and decree dated 31.01.2006 dismissed the appeal, and partly accepted the cross objections filed by plaintiff Sukhpal. Sukhpal Singh was also granted 1/8 th share in the property forming part of the aforesaid decree while setting aside the consent decree with the further declaration that the subsequent sale deed dated 8.1.1998 Ex.D-3 by Jagminder and Gurinder in favour of Harbans Kaur(defendant no.14) to the extent of 1/8 th share shall be valid and further the subsequent sale deed dated 09.01.1998 Ex.D-1 was declared null and void. Consequently, the aforesaid subsequent purchasers i.e. defendant nos.12 to 14 i.e. Mohinder Singh, Sukhjinder Singh and Harbans Kaur have filed RSA No.1281 of 2006 titled as Mohinder Singh & Ors. Vs. Sukhpal Singh & Ors. and the aforesaid Jagpal Singh filed RSA No.1282 of 2006 titled as Jagpal Singh Vs. Sukhpal Singh & Ors. before this Court. The aforesaid appeal bearing RSA No.1281 of 2006 was admitted on 10.12.2008 with the interim direction which reads as under:-