DAVINDER SINGH Vs. RAVINDER SINGH & ORS

JUDGEMENT

(1.) Plaintiff has filed the present suit for permanent injunction, possession, damages and relief of partition. Plaintiff and defendant no.1 are real brothers and defendant nos.2 & 3 are sisters of plaintiff and defendant no.1.

(2.) Counsel for the defendants submits that during the pendency of the suit the cause of action has vanished and the present suit should be dismissed.

(3.) It may be noticed that a categorical assertion was made in the written statement that during the life time of the father of the parties, the suit property was sold and transferred to the defendants for valuable consideration and necessary documents such as duly registered Agreement to Sell, Will etc were executed by the father. Having regard to the averments so made and the documents relied upon by the defendants, plaintiff instituted a suit being CS(OS) 1689/2013 (hereinafter referred to as the second suit) for declaration and permanent injunction. A certified copy of the plaint of the said suit has been handed over in court in which following reliefs were sought:-