- (1.) THIS judgment shall dispose of RSA No.3936 of 2010 titled 'Satinder Sharma and another vs. Nirmal Kumar and others' and RSA No.4155 of 2010 titled 'Satinder Sharma and another vs. Swaran Lata and others' as they arise from the common judgments and decrees passed by both the Courts below.
(2.) THESE regular second appeals have been preferred by defendants No.1 and 4 in both the cases against the judgment and decree dated 14.02.2008 passed by learned Additional Civil Judge (Senior Division), Faridkot, whereby the suits filed by the plaintiffs have been decreed as well as against the judgment and decree dated 23.03.2010 passed by learned District Judge, Faridkot, whereby the appeal preferred by the defendants has been dismissed and judgment and decree of the Court of first instance has been upheld.
(3.) FOR convenience sake, reference to parties is being made as per their status in the civil suit. The detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiffs filed Civil Suit No.RT 299 dated 16.12.1999/23.09.2005 for declaration that they are owners in possession of 6 kanals 7 marlas of land, fully described in the headnote of the plaint and further for declaration that registered sale deed dated 16.12.1996 bearing wasika No.5574 executed by defendants No.1 and 2 on behalf of plaintiffs in favour of defendants No.3 and 4 is null and void and is sham transaction, result of conspiracy by defendants No.1 and 2 and is liable to be set aside. In addition to this, prayer for possession of the suit land and permanent injunction restraining the defendants from alienating the suit land in any manner was also made .;