L. N. MITTAL - (1.) FOR reasons mentioned in the application, which is accompanied by affidavit, delay of 7 days in re-filing the appeal is condoned.
(2.) THE application stands allowed. CM No.5821-C of 2012 Allowed as prayed for. RSA No.2094 of 2012 Defendants Ram Dev Singh and Gurdas Singh having failed in both the Courts below are in second appeal. Suit was filed by respondents/plaintiffs Gian Kaur and her husband Harbhajan Singh against defendants/appellants. Plaintiffs are parents of the defendants. Plaintiffs sought permanent injunction restraining the defendants from interfering in possession of the plaintiffs over the suit land alleging that they are owners in possession thereof.
(3.) DEFENDANTS controverted the plaint averments and denied that plaintiffs are owners in possession of the entire suit property. It was pleaded that both the parties form joint Hindu family. Plaintiff No.2 was Karta of the family. DEFENDANTS used to give their earnings to plaintiff No.2. DEFENDANTS have right in the suit property which is ancestral one. DEFENDANTS relied on partition/settlements dated 03.03.1995, 19.09.2002 and 09.05.2009, according to which some land out of the suit land was given to the defendants. DEFENDANTS claimed to be in possession thereof. Various other pleas were also raised.;