RAMESHWAR SINGH MALIK J. - (1.) THIS batch of six regular second appeals is proposed to be decided together as all these appeals are directed against the same judgments and decrees passed by the learned courts below qua the same property. Particulars of these appeals are RSA No. 491 of 2007 (Harbhajan Singh and another Vs. Pal Singh and others), RSA No. 492 of 2007 (Harbhajan Sngh and others Vs. Pal Singh and others), RSA No. 1721 of 2007 (Vishav Gurmut Roohani Mission Trust Vs. Pal Singh and others), RSA No. 1722 of 2007 (Vishav Gurmut Roohani Mission Trust Vs. Pal Singh and others), RSA No. 1723 of 2007 ( Prem Singh Vs. Pal Singh and others) and RSA No. 1724 of 2007 ( Prem Singh Vs. Pal Singh and others). However, for the facility of reference, facts are being culled out from RSA No. 491 of 2007.
(2.) APPELLANTS -defendants have instituted all these six appeals against the concurrent judgments and decrees passed by the learned courts below in different suits for declaration, decreed by the learned trial court by common judgment and decree dated 31.3.2005, which were upheld by the learned lower appellate court again vide common judgment and decree dated 21.12.2006. Brief narration of essential facts of the case would be required to unravel the controversy involved between the parties. Late Sh. Rulia Singh was common ancestor. Besides two daughters namely Smt. Nasib Kaur and Smt. Jagir Kaur, he was having four sons namely Madho Singh, Nasib Singh, Babu Singh and Kartar Singh. Bone of contention in all these six appeals was the property of Madho Singh, who was stated to have left India to live in Malaysia about 60 years before his alleged death on 20.3.1994. He came to India in the year 1987 and got his share of land partitioned from the joint khewat. It was a mutual partition which was written by one Suraj Singh vide partition deed dated 9.6.1987 (Ex. P1). Madho Singh allegedly came again to India in the year 1995 and made his nephew Mehma Singh son of Kartar Singh, his attorney vide his power of attorney dated 16.8.1995. On the strength of this power of attorney dated 16.8.1995 executed by Madho Singh, Mehma Singh sold total share of land of Madho Singh by way of seven different sale deeds.
(3.) EARLIER , Madho Singh himself sold one piece of land vide sale deed dated 25.8.1994 to Prem Singh. The abovesaid different sale deeds executed by Mehma Singh -attorney of Madho Singh, came to be challenged by brothers and sisters of Madho Singh by different suits for declaration. On the statement made by learned counsel for the parties, all the suits were consolidated for the purpose of recording evidence and decision thereof. All the civil suits were consolidated with civil suit No. 560 of 18.11.1996 titled as Babu Singh Vs. Prem Singh.;