- (1.) Vide this judgment, I proceed to decide the aforesaid two appeals arising out of common controversy. In order to give realistic touch to the controversy, following pedigree is relevant to be quoted :- 791529-1
(2.) Civil suit No.RT-24/ 29.3.2011/ 8.6.11 has been filed by Mohinder Kaur, daughter of Dan Singh for joint possession of 1/3rd share out of 88 kanals 3 marlas of land.
(3.) Civil Suit No.108 dated 14.6.2001 has been filed by Surinder Kaur and other heirs of Kartar Kaur, daughter of Dan Singh, for joint possession of land measuring 39 kanals 13 marlas out of 88 kanals 3 marlas of land on the basis of natural inheritance of Kartar Kaur and on the basis of Will dated 14.6.1989 executed by deceased Ram Kaur @ Raj Kaur in favour of plaintiff No.1 Surinder Kaur, plaintiff No.2 Lakhvir Kaur and plaintiff No.4 Rajmaninder Singh. Sale deed dated 13.2.1991 executed by plaintiffs No.1 and 2 and their sister Gurkeerat Kaur is claimed to be without consideration and by way of fraud being played by defendant No.2 with the plaintiffs. Consequently, mutation No.8455 entered on the basis of sale deed dated 13.2.1991 is also claimed to be illegal. With this background, both the suits were filed and processed by the learned trial Court.;