L.N. Mittal, J. - (1.) CM No. 5752 C of 2011.
(2.) ALLOWED as prayed for. RSA No. 2060 of 2011 This is second appeal by some legal representatives of original Plaintiff Jeet Singh since deceased having remained unsuccessful in both the courts below. It is undisputed that Shingara Singh, Sunder Singh and Havela Singh were real brothers. Jeet Singh Plaintiff and Dalip Singh (since deceased and represented by Defendants No. 3 to 8) were sons of Shingara Singh. Plaintiff's case is that only Plaintiff Jeet Singh and Dalip Singh were the legal heirs of Shingara Singh and inherited his land in equal shares i.e. half share each. The Plaintiff pleaded that Gurdeep Kaur Defendant No. 1 is daughter of Sunder Singh and is not daughter of Shingara Singh. Plaintiff, therefore, alleged that inheritance mutation No. 1496 of Shingara Singh sanctioned on 19.5.1997 in favour of Jeet Singh, Dalip Singh and Gurdeep Kaur Defendant No. 1 to the extent of 1/3rd share each is null and void to the extent of share of Gurdeep Kaur and in fact, it should have been sanctioned in favour of Jeet Singh and Dalip Singh only to the extent of half share each. Sale of 1 kanals 3 marlas by Defendant No. 1 to Defendant No. 2 was also, therefore, pleaded to be null and void. Defendant No. 1, however, alleged that Karam Kaur wife of Shingara Singh had died in Pakistan i.e. before partition of the country. Similarly, Sunder Singh husband of Harbans Kaur had also died. Thereafter, Harbans Kaur performed marriage with Shingara Singh and out of this wedlock Gurdeep Kaur Defendant No. 1 was born. Defendant No. 1, thus, alleged to be daughter of Shingara Singh. It was accordingly pleaded that inheritance mutation of Shingara Singh has been rightly sanctioned in favour of Jeet Singh, Dalip Singh and Gurdeep Kaur Defendant No. 1. Consequently, sale deed by Defendant No. 1 in favour of Defendant No. 2 is also legal and valid.
(3.) DEFENDANT No. 2 also pleaded similar version. Defendant No. 2 also claimed to be bonafide purchaser of the suit land for valuable consideration.;