G.C.MITAL J. - (1.) THIS order will dispose of Regular Second Appeal No. 2559 of 1980 and RSA No. 195 of 1981, as the facts. herein. after produced would. show that it is necessary, to decide-these appeals together
(2.) ON 25th April. 1972, two suits were filed, one by Malkiat Singh against Jarnail Singh and the other by Harjeet Singh brother of the aforesaid Malkiat Singh against Smt. Surjit Kaur, wife of the aforesaid Jarnail Singh. Both the suits were for declaration that on the basis of the exchange entered into with the defendants, they are the owners of the land, which was owned by the defendant prior to the exchange. Three days later on 28th April, 1972, written statements on behalf of the' defendants were filed through a counsel, who filed the power of attorney alleged to be of the defendants The written statement filed by Surjit Kaur was alleged to have been signed by her whereas of Jarnail Singh defendants was allegedly thumb marked in which the claims of the plaintiffs in both the suits were admitted.
(3.) THE trial Court on the same day decreed the suits on the basis of the written statements admitting the claims of the plaintiffs.;