- (1.) This Regular Second Appeal has been preferred by defendants no. 1 to 4 against the judgment and decree dated 19.07.2013 passed by the learned Additional District Judge, Roopnagar, vide which the appeal preferred against the judgment and decree dated 23.03.2013 passed by the learned Additional Civil Judge (Sr. Division), Roopnagar, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) The brief facts of the case set up by the plaintiff-respondent no.1 are that Megh Singh was the owner of the land in dispute, which was acquired by the State of Punjab and acquisition proceedings were challenged by his father. Megh Singh executed the valid Will dated 04.07.1976, whereby he bequeathed 2/ 3rd share of the suit land in favour of Mohinder Singh, the predecessor in interest of the appellants and respondents no.2 and 3 and 1/ 3rd share was bequeathed in favour of the plaintiff-respondent no.1. The acquisition of the land in dispute was denotified and was re-allotted to the owner. In the meanwhile, Megh Singh died in the year 1976. The dispute arose regarding the estate of Megh Singh. Harpal Singh etc. filed the suit titled as "Harpal Singh etc. Vs. Mohinder Singh." The said suit was dismissed right up to the Hon'ble Apex Court. The Will executed by Megh Singh was held to be genuine. On the basis of the said Will, plaintiff is having 1/ 3rd share in the suit land. During the pendency of the Special Leave Petition before the Hon'ble Apex Court, Mohinder Singh (since deceased) suffered the collusive decree dated 20.07.1985 in favour of the appellants. The said decree is wrong, illegal, null and void and is hit by the rule of lis pendens. The same is liable to be set aside. Hence, this suit for joint possession and declaration.;