SINDERPAL KAUR Vs. AMARJIT KAUR

JUDGEMENT

(1.) The defendant-appellant has filed the present Regular Second Appeal against the concurrent finding of facts arrived at by the Courts below while decreeing the suit filed by the plaintiff-respondent no. 1-Amarjit Kaur in the following manner:-

(2.) The defendant No.l- Sinder Pal Kaur claiming to be daughter of Joginder Singh s/o Kehar Singh had filed a previous suit without impleading the plaintiff as party defendant. Sinder Pal Kaur had impleaded Mukand Singh, Nand Singh, Ram Singh sons of Dalip Singh son of Kehar Singh, Mohinder Singh s/o Kehar Singh and Bachan Singh son of Wazir Singh as defendants in the previous civil suit. However, aforesaid persons had no concern with the land in dispute as they were not owners at the time of filing of the previous suit. The defendants no. 2 to 4 in the previous suit had already sold their share to Amrit Pal, Sukhpal Singh sons of Nikka Singh. However, the purchasers were also not impleaded as defendants in the previous suit which was ex parte decreed on 29.7.2008.

(3.) The plaintiff-Amarjeet Kaur wife of Mohinder Singh has filed present suit claiming that such fraudulent decree is not binding on the rights of the plaintiff. It is undisputed that plaintiff-respondent was owner in possession of the land to the extent of 5/12th share in the joint land measuring 74 kanals 19 marlas on the date the previous suit was instituted. However, in the previous suit Sinder Pal Kaur had not only given wrong date of death of Kehar Singh but also went on to claim that she is daughter of Joginder Singh s/o Kehar Singh.