- (1.) C.M. No.400-C of 2011 in RSA No.124 of 2011 The application for impleading the legal representatives of deceased-Amar Kaur as substituted co-plaintiffs is allowed subject to all just exceptions and the legal representatives are ordered to be brought on record. C.M. No.829-CII in RSA No.301 of 2011
(2.) The application for impleading the legal representatives of deceased Surinder Singh and Amar Kaur is allowed subject to all just exceptions and they are permitted to file appeal as legal hears of Surinder Singh and Amar Kaur. C.M. No.1265-C of 2012 The application for bringing on record subsequent purchasers as respondents, being the assignees, is allowed subject to all just exceptions. Main Cases This order of mine shall dispose of two regular second appeals i.e. RSA No.124 of 2011 filed at the instance of Paul Mohinder Singh, who was arrayed as defendant No.2 but later transposed as plaintiff and another RSA No.301 of 2011 at the instance of Bhajan Bir Singh, defendant No.5 and another (Paul Varinder Singh Walia), as common question of fact and law involved.
(3.) It is apt to note pre-face the matter. Surinder Singh, plaintiff, instituted a Civil Suit No.209 of 1993 seeking declaration of joint possession and setting aside of the judgment and decree dated 05.01.1991 passed by the then Additional Senior Sub Judge, Ludhiana and consequently mutations bearing No.2906, 2913 and 2918 as illegal and void ab initio on the ground that the decree had been got by defendant No.1 in most fraudulent and collusive manner as well as against the law and thus, being nullity, as the said decree was required to be registered. The aforementioned suit was contested by the defendants by taking numerous preliminary objections that the plaintiff had no cause of action as he renounced the world since 1964. The suit was barred by limitation and not maintainable. Santa Singh was owner in possession of the property in dispute and further Sama kaur was the owner of the property as Santa Singh executed a gift deed in favour of Avtar Singh, his son, in respect of land measuring 6 acres. Remaining property, he gifted away to his wife Sama Kaur, who became exclusive owner in possession of the property. Sama Kaur died on 21.12.1992. The defendant No.1, Gurtej Singh son of Avtar Singh son of Santa Singh, being the grand son of Sama Kaur, was serving her during the life time and she had given the property to him on the basis of family settlement and on the basis of same, a decree dated 05.01.1991 had been passed. The locus standi of the plaintiff to challenge the judgment and decree was also assailed. On the basis of preponderance of the evidence, the trial Court decreed the suit, however, in the lower Appellate Court, the application for seeking amendment of the plaint at the behest of defendant No.1 was moved for propounding the registered Will dated 24.02.1990. The said application was allowed and the lower Appellate Court while exercising the power under Order 41 Rule 25 CPC sought the report from the Trial Court. As per report dated 13.03.2007, the Will had been proved and on the basis of examining the report as well as other aspects, the lower Appellate Court set aside the judgment and decree passed by the trial Court. Mr. A.K. Chopra, Senior Advocate assisted by Mr. G.S. Bhandal, Advocate appearing for the appellant in RSA No.124 of 2011 and Mr. Amit Jain, Advocate appearing for the appellants in RSA No.301 of 2011 have raised following multi-fold arguments in support of their cases. They submitted that contents of the family settlement and the Will were verbatim. The family settlement is dated 19.06.1990 and the Will is dated 24.02.1990 and therefore, the Will is deemed to have been revoked.;