- (1.) This appeal is directed against order dated 18.2.2013, passed by the High Court of Punjab and Haryana at Chandigarh, by which Civil Writ Petition No. 18865 of 2010 is disposed of, relegating the Appellants to approach civil court with liberty to file suit in the matter in dispute.
(2.) We have heard learned Counsel for the parties and perused the papers on record.
(3.) The controversy in the present matter revolves around the rights and title in respect of plot No. 109-C, admeasuring 268.94 square yards located in Sector 70, S.A.S. Nagar, Mohali, Punjab. The plot was initially allotted to Gurnaib Singh (since died), father of Respondent Nos. 3(i) and 3(ii), on 18.5.1994 by Punjab Urban Development Authority (PUDA). It is pleaded by the Appellants that Gurnaib Singh, through a broker/property dealer D.S. Benipal, agreed to sell his rights over the plot to the Appellants. It is further pleaded that entire sale consideration was received by him (Gurnaib Singh). Consequent to said transaction, PUDA re-allotted the plot to the Appellants on 18/19.1.2001 (Annexure P-2), who deposited the installments. However, Ajmer Singh, brother of Gurnaib Singh, subsequent to re-allotment, on 5.2.2001, filed Civil Suit No. 25/2001 claiming half share over the plot, before the Civil Judge, Junior Division, Kharar, impleading Appellants Sunil Wadhwa and Poonam Wadhwa along with Gurnaib Singh. The suit was dismissed by the trial court, vide judgment and order dated 22.4.2003 (Annexure P-7), against which Ajmer Singh preferred Civil Appeal No. RT-100/07.05.2003/10.4.2004, but Gurnaib Singh did not challenge the decree. The Civil Appeal No. RT-100/07.05.2003/10.4.2004, filed by Ajmer Singh, was dismissed by the Additional District Judge, Rup Nagar, vide judgment and order dated 14.10.2004 (Annexure P-10).;