L.N. Mittal, J. - (1.) DEFENDANTS No. 2 and 3 Sukhdev Singh and Jagjit Singh (both brothers) are in second appeal having been defeated in both the courts below.
(2.) RESPONDENTS No. 1 and 2 Balwinder Singh and Chamkaur Singh (both brothers) filed suit against Baljit Kaur - Respondent No. 3 (Defendant No. 1) and against the Appellants (Defendants No. 2 and 3) alleging that the Plaintiffs purchased 13 kanals 16 marlas land being share of joint land from Baljit Kaur - Defendant No. 1. The Plaintiffs also alleged that as co -sharers, they are in exclusive possession of 19 kanals 07 marlas land out of the joint land. However, Ujagar Singh - father of Defendant No. 1 filed a collusive suit against Defendant No. 1, in which decree dated 03.02.2000 was passed in favour of Ujagar Singh. Defendants No. 2 and 3, on the basis of registered Will of Ujagar Singh (since deceased), claimed to be his successors. The Plaintiffs alleged that decree dated 03.02.2000 does not bind the Plaintiffs, who were not party to the same. The said decree was also collusive between Baljit Kaur - Defendant No. 1 and her father - Ujagar Singh. Accordingly, Plaintiffs sought declaration that they are owners of 13 kanals 16 marlas land out of joint land. They also sought permanent injunction restraining the Defendants from dispossessing the Plaintiffs from 19 kanals 07 marlas land of khasra Nos. 28 min.(4 -6), 28 min.(5 -8) and 30 (9 -13) being in their exclusive possession out of the joint land.
(3.) DEFENDANTS No. 2 and 3 contested the suit and alleged that vide decree dated 03.02.2000, Ujagar Singh was declared to be owner of 47 kanals 06 marlas land out of the joint land and on the death of Ujagar Singh, Defendants No. 2 and 3 have become owners thereof on the basis of registered Will of Ujagar Singh in their favour. It was alleged that earlier decree dated 24.01.1994 in favour of Baljit Kaur against Ujagar Singh was fraudulent. Sale deed by Baljit Kaur in favour of Plaintiffs was also denied. It was also denied that Plaintiffs ever came in possession of the suit land. Various other pleas were also raised.;