BANT SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) DURING my inspection of courts of Sessions Division, Sangrur, Bant Singh son of Amar Singh, appeared before me at Sangrur and submitted that his sons Kuldip Singh and Gobinder Singh have filed a civil suit against him for declaration on the allegations that he had given the property to them by way of family settlement. He submitted that under pressure and co-ercion, they got his statement recorded before Shri N. K. Goel, P. C. S. , Sub Judge 1st Class, Dhuri. When the case was adjourned for orders, he appeared before the Sub Judge, Dhuri and brought to his notice the pressure exercised on him by his sons. The Presiding Officer told him that he would take this into consideration but on 22. 2. 1994, decree was passed on the basis of statement made by him without taking note of what he had stated before him. He further stated that not only the property which is the subject-matter of the suit but the remaining property also was got transferred in the name of the father-in-law of one of his sons. He thus stated that he was left with no property by his sons.

(2.) IN the circumstances, I found it a fit case to treat his application as a civil revision and the same was ordered to be registered and notice was ordered to be issued to Kuldip Singh and Gobinder Singh, sons of Bant Singh. Records of Civil Suit No. 267 of 17. 4. 1993 were also summoned from the Court of Sub Judge 1st Class, Dhuri.

(3.) ON July 8, 1994 Kamlesh Rani appeared and stated that Bant Singh had been murdered by his sons. In the circumstances, Mr. Anil Khetarpal, Advocate, present in Court was asked to assist the Court. As Kamlesh Rani was apprehending danger to her life, she was provided security cover. Subsequently, application under Order 22 Rule 3 of the Code of Civil Procedure read with Section 151 of the said Code was filed by Kamlesh Rani alias Kamlesh Kumari for being brought on record as sole heir of Bant Singh. The said application was allowed vide order dated 15. 7. 1994. Later on, two applications were filed by Satnam Kaur, daughter of Bant Singh, for bringing on record daughters and sons of Bant Singh as his legal heirs but the same were dismissed as the application of Kamlesh Rani had already been allowed.