BALWINDER SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) For the reasons recorded, this application is allowed. Order dated 31.3.2010 is recalled and the appeal is restored to its original number.

(2.) Upon notice, the defendant-respondents filed written statement contesting the averments made in the plaint raising various legal objections. They further stated that the plaintiff-appellant has failed to disclose the factum of the pendency of an earlier suit titled as Amarjit Singh v. Gurcharan Singh etc. in which he was also a party and had filed written statement.

(3.) The property in question was given to defendants No. 2 and 3 in family settlement by the appellant in Civil Suit No. 811 of 18.10.1991 decided on 3.4.1993 titled as Gurdev Singh v. Waryam Singh and Ors. on the basis of compromise Ex.CX. The plaintiff has failed to challenge the said judgment and decree due to which he has no locus standi to file the present suit. It was further stated that Waryam Singh sold 10 Bighas of land to Ajmer Singh and Swam Singh etc. and during his life time, some property was handed over to Gurdev Singh and Gurdev Kaur in the family settlement. The defendants were in exclusive possession of the disputed property and they had a right to deal with the same in any manner.