- (1.) This order will dispose of two revisions preferred under Article 227 of the Constitution, i.e., CR No.7588 of 2010 and CR No.7589 of 2010 by the defendants in the suits as common questions of law and fact arise in both the cases. Both the suits were instituted by Sukhwinder Kaur etc. who are the respondents in this petition. In CR No.7588 of 2010, the prayer is for setting aside the order dated 31st May 2010 (P-1) whereby the consolidated suits bearing No.103-T dated 24.4.2009/2000 and Suit No.102-T dated 12.11.98/24.4.2009 both titled 'Sukhwinder Kaur v. Paramjit Singh and others' have been ordered to be withdrawn on an application under Order 23 Rule 1 CPC filed by the plaintiff. The application in opposition of the prayer for withdrawal sans costs filed by the petitioner on 31st May 2010 (P-3) has been dismissed. In CR No.7589 of 2010 the prayer is identical. That suit also stands ordered to be withdrawn.
(2.) The facts leading to the filing of the present petition are as follows: - Kartar Singh Ex, MLA and his brother Kartar Singh were owners of vast properties. Kirpal Singh distributed the properties owned by him to his legal heirs during his life time. Kartar Singh, brother of Kirpal Singh, died issueless in 1968. Kirpal Singh had two daughters, Bachan Kaur and plaintiff Sukhwinder Kaur. Bachan Kaur died in 1945 pre-deceasing Kirpal Singh. Paramjit Singh, Paramjit Kaur and Amarjit Kaur are daughters and son of Bachan Kaur. Pawanjit Singh is the son of Paramjit Singh defendant No.1 and Manjinder Kaur is the daughter of Amarjit Kaur, defendant No.2. Amarjit Kaur is arrayed as respondent No.10 in the present petition. Sukhwinder Kaur (plaintiff) has two sons Karamvir and Karanvir. They are defendants No.4 and 5 in the suit. Karanvir is married to Lakhwinder who is defendant No.5. They have a son and daughter namely Sandeep Singh and Amandeep Kaur who are defendants No.6 and 7. Kartar Singh, brother of Kirpal Singh passed away and his estate was inherited by his wife Harbant Kaur which comprised land measuring 771 Kanals 12 Marlas situated in village Jameetgarh, Tehsil Rajpura, District Patiala which was subject matter of the dispute.
(3.) Harbant Kaur died issueless and her estate was inherited by Kirpal Singh being her husband's brother, under Section 15 of the Hindu Succession Act, 1956. Mutation of inheritance of Harbant Kaur was entered in the name of Pawanjit Singh son of Paramjit Singh (petitioner) on the basis of a will set up by Paramjit Singh defendant-petitioner in favour of his minor son Pawanjit Singh and a relation Tej Kaur. Kirpal Singh, predecessor-in-interest of the parties, filed civil suit No.170 of 1969 for declaration of being owner in possession of suit property against Tej Kaur etc. incuding Pawanjit Singh, minor son of Paramjit Singhpetitioner No.1. The suit was contested by Paramjit Singh as guardian of minor and the defendants pleaded that Kirpal Singh has not the title in the property as the same has been inherited by Pawanjit Singh etc. on the basis of a testamentary will. The suit filed by Kirpal Singh was decreed by the Court of Sub Judge, 1st Class, Patiala. First Appeal No.117 of 1971 against the above judgment and decree was dismissed by the Additional District Judge, Patiala. Regular Second Appeal was dismissed by this Court. Civil Appeal No.88 of 1979 against the order in second appeal was dismissed by the Supreme Court. Kirpal Singh executed a will bequeathing his entire estate in favour of his wife Sukhwinder Kaur. The will was deposited with the Registrar, Patiala, under Section 42 of the Registration Act, 1908. Kirpal Singh died when the Civil Appeal No.88 of 1979 filed by the petitioner relating to title to suit property was still pending before the Supreme Court. Mutation No.1393 relating to land measuring 2 Bigha 11 Biswa which was in the nature of residential bara in village Lohsimbly was got sanctioned by the petitioners in favour of all natural heirs of Kirpal Singh though this property had been transferred by Kirpal Singh during his lifetime and occupants were in possession of this property.;