R.L.ANAND,J - (1.) HEARD . The delay of 9 days in filing and 18 days in re- filing the appeal is hereby condoned for the reasons stated in the applications which are supported by affidavits.
(2.) UNSUCCESSFUL plaintiffs have filed the present appeal and it has been directed against the judgment and decree dated 26.3.1999 passed by the Additional District Judge, Ferozepur, who affirmed the judgment and decree dated 26.11.1997 passed by the Civil Judge (Senior Division), Ferozepur, who dismissed the suit of Jit Singh and Dalip Singh sons of Sayain Singh against Gian Singh. The case set up by the plaintiffs before the trial Court was that they are the owners and in possession of the suit land measuring 8 kanals fully described in the head-note of the plaint and the sale-deed dated 26.12.1991 allegedly executed by their father Sayian Singh in favour of defendant Gian Singh is a forged and fabricated document being the result of fraud and misrepresentation and is ineffective against their rights. The plaintiffs also sought the consequential relief of injunction that the defendant be restrained from alienating the suit land in any manner whatsoever. It was pleaded by the plaintiffs that they are the sons of Sayian Singh, who died on 15.7.1973 and after the death of Sayian Singh they have become the owner of the suit property by virtue of registered Will dated 12.5.1987 and mutation with regard to the said Will has also been sanctioned in their favour. It was further pleaded that defendant Gian Singh in the month of November, 1993 had filed a civil suit for permanent injunction against the plaintiffs and he claimed ownership and possession of the property on the basis of sale deed in question. The said suit was dismissed and the sale deed in question was held to be fabricated. The mutation sanctioned in favour of the defendant on the basis of that sale deed does not confer any title on him. The defendant was called upon to admit their title but to no effect. Hence, the suit.
(3.) THE suit was contested by the defendant on the ground that the sale deed was executed by Sayian Singh with his free will. It is a valid sale deed. The defendant is a respectable person being the Sarpanch of the village. The mutation has been rightly sanctioned in his favour on the basis of sale deed. The present suit filed by the plaintiffs is a frivolous one.;