- (1.) Rsa-1448-1987 This is second appeal against the judgment and decree passed by the then Sub Judge 1 st Class, Kharar whereby the suit filed by the plaintiffs seeking declaration to the effect that decree passed by District Judge, Ropar on 25.01.1982 in appeal No.108 dated 06.04.1981 titled as Surjit Singh Vs. Piara Singh and others, is illegal null and void qua the rights of the plaintiff in the suit land, was dismissed. The judgment of learned Sub Judge was affirmed in appeal by first Appellate Court of District Judge, Ropar.
(2.) Defendants Surjit Singh, Piara Singh and Bawa Singh are sons of Thakar Singh son of Hari Singh, residents of village Peer Sohana, Tehsil Kharar. Thakar Singh was owner of the suit land. He executed a gift deed dated 27.06.1969 in favour of defendants No.2 and 3 namely Piara Singh and Bawa Singh. On the basis of gift deed, the suit land was recorded in the name of donees and the plaintiffs purchased the suit land from them vide different sale deed during the period from 12.03.1980 to 09.05.1980.
(3.) Defendant No.1 Surjit Singh filed a suit, seeking the relief of joint possession of his 1/3 rd share in the suit land and challenged the gift deed. Defendants No.2 and 3 Piara Singh and Bawa Singh, brothers of Surjit Singh who were arrayed as defendants No.1 and 2 in the suit filed by Surjit Singh (bearing No.38/26.03.1980), did not appear to contest the claim of plaintiff and were proceeded ex parte. That suit filed by Surjit Singh was dismissed by Sub Judge 1 st Class, Kharar vide judgment dated 27.11.1980. He filed first appeal against that judgment and decree passed by the lower Court in which also defendants Piara Singh and Bawa Singh did not appear to contest and the appeal was accepted by learned District Judge, Ropar vide judgment dated 25.01.1982.;