Ritu Bahri, J. - (1.) Challenge in this petition is to the order dated 25.02.2014 (Annexure P -3) passed by the Civil Judge (Junior Division), Jalandhar, whereby application filed by the petitioners under Order 6 Rule 17 read with Sec. 151 CPC for amendment of written statement, has been dismissed.
(2.) Atamjit Singh -plaintiff (respondent No. 1) filed a suit for declaration that he was owner in possession of suit properties situated in village Dakoha, District Jalandhar and village Aur, District Nawanshahr. He also challenged the judgment and decree dated 12.06.2006 passed by the Civil Judge (Senior Division), Jalandhar in civil suit No. 422 of 2000, in favour of Smt. Raminder Kaur, mother of the petitioners. Originally, Sh. Gurbaksh Singh was owner in possession of both the aforesaid properties. He sold the suit land situated at village Aur to Lt. Col. Gurbachan Singh vide Sale deed dated 14.06.1958. Thereafter, he sold the land situated at village Dakoha to Mrs. Surjit Kaur wife of Gurbachan Singh vide sale deed dated 19.06.1958. Plaintiff himself was attesting witness of sale deed 19.06.1958 on behalf of Mrs. Surjit Kaur wife of Gurbachan Singh. Said Gurbachan Singh died on 16.06.1980 and after his death, mutation of land situated at village Aur was also sanctioned in favour of his widow, Surjit Kaur and she became owner of both the properties situated at village Dakoha and Aur. Surjit Kaur was issueless and was living with her sister, Raminder Kaur. During her lifetime, Surjit Kaur had executed a registered Will dated 03.03.1996 in favour of her sister Raminder Kaur with regard to both the aforesaid properties. Consequently, she died on 10.04.1996. Thereafter, Raminder Kaur (mother of present petitioners) became owner in possession of suit properties on the basis of Will dated 03.03.1996.
(3.) Previously, plaintiff -respondent No. 1 had filed a suit on 09.04.1979 titled as 'Atamjit Singh v/s. Surjit Kaur and others' for declaration that he was owner of land measuring 98 Kanals 12 Marlas, situated at village Dakoha, District Jalandhar and that the sale deed dated 19.06.1958 qua the suit land in favour of Surjit Kaur was not binding on his rights. However, the said suit was dismissed on 10.09.1981. Appeal against the said judgment was dismissed by the lower appellate Court on 17.01.1984. RSA No. 1179 of 1984 preferred by respondent No. 1 before this Court, was also dismissed vide judgment dated 18.02.2010 and the same has attained finality.;