LT.COL.RETD.MANPARTAP SINGH Vs. MANVIRINDER SINGH

JUDGEMENT

(1.) Both these regular second appeals between the same set of parties and bordering over family feud primarily between two brothers though arising out of two different suits (i.e. Suit No.251-T of 22.12.2009; and Suit No.255-T of 07.03.2009, hereinafter referred to as 'the first suit' and 'the second suit' respectively) on account of consanguinity of facts, law points and both these suits having been subsequently consolidated on the statements of the parties vide orders dated 25.07.2012; are being taken up and decided together by way of this common judgment.

(2.) The Court of then Civil Judge (Junior Division), Patiala vide judgment and decree dated 14.10.2013 dismissed the first suit of plaintiff Lt. Col. Retd. Manpartap Singh and decreed with costs the second suit of Manvirinder Singh. Aggrieved over these findings, the unsuccessful brother Lt. Col. Retd. Manpartap Singh filed two appeals, one bearing NO.127-T of 24.12.2013 titled 'Lt. Col. Retd. Manpartap Singh vs. Manvirinder Singh and others' and the other No.106 of 18.11.2013 titled 'Lt. Col. Retd. Manpartap Singh vs. Manvirinder Singh' and both the said appeals stood dismissed vide impugned judgment and decree dated 25.08.2014 by the Court of learned Additional District Judge, Patiala. That is how these two regular second appeals have come about.

(3.) Learned counsel for the two sides have been heard at length and with their invaluable assistance had the opportunity to go through the records. Before setting up on the relative merits of the case of the parties in these two appeals, it is essential to highlight the very genesis of this Us. One Major Pritam Singh Virk (date of death 29.05.1985) out of his wedlock with Apar Kaur (date of death 05.12.2008) gave birth to two sons and three daughters namely, Lt. Col. Retd. Manpartap Singh (plaintiff in suit No.251-T of 22.12.2009, now appellant and married to Damanjit Kaur); Dr. Manvirinder Singh (plaintiff in suit No.255-T of 09.03.2009); Kanwaljit Kaur defendant No.2; Jasbir Kaur defendant No.3 and Harinder Kaur defendant No.4. It is during the course of time prior to the institution of the present suits and initiation of disputes between the family members, Apar Kaur had filed against her husband Major Pritam Singh Virk a suit for declaration etc. and which was decreed by the Court of then Sub Judge (First Class), Patiala on 25.01.1984 and admittedly the same has put to rest the status of the property, subject matter of dispute qua the then parties wife and her husband. It is worthwhile to refer here that Apar Kaur and her sister were owners of certain agricultural lands situated in Sanour in District Patiala. It is claimed by one of the sides that prior to his death Major Pritam Singh Virk bequeathed his estate through his Will dated 20.04.1985 in favour of his wife Apar Kaur and son Dr. Manvirinder Singh and by virtue of which Apar Kaur claims to have become owner of 1/3 share of the property in the suit land. Furthermore, it is claimed that Apar Kaur on 13.05.1985 disinherited her son Lt. Col. Retd. Manpartap Singh and his wife Damanjit Kaur on account of certain civil and criminal disputes between them and that through a registered Will dated 19.09.2005 she bequeathed her estate in favour of Dr. Manvirinder Singh.