DEVINDER SINGH Vs. SHIV KAUR

JUDGEMENT

(1.) THIS Judgment will be read in four connected appeals under Clause 10 of the letters Patent (L. P. A. No. 500 of 1969 Devinder Singh v. Smt. Shiv Kaur and other, L. P. A. No. 501 of 1969. Devinder Singh v. Kapur Singh and others, L. P. A. No. 25 of 1970, Devinder Singh v. Smt. Shiv Kaur and others and L. P. A. No. 26 of 1970, Devinder Singh v. Kapur Singh and others), which have arisen out of two suits filed by Devinder Singh against the respondents and which were consolidated. L. P. A. No. 500 of 1969 was filed against the judgment of the learned Single Judge dated September 24, 1969, deciding R. S. A. 1350 of 1969. There was some typographical mistake in the said judgment and for the correction of the same an application under Section 151 of the Code of Civil Procedure was filed, which was allowed by the learned Single Judge on November 28. 1969, with the result that the judgment was corrected. L. P. A. No. 25 of 1970 was then filed against the judgment of the learned Single Judge dated September 24, 1969, as amended on November 28, 1969. In substance both the appeals are against the same judgment. Similar is the case with regard to L. P. A. No. 501 of 1969 and L. P. A. No. 26 of 1970.

(2.) THE facts are not in dispute and can be stated in a short compass. Devinder singh is the son of Bhagat Singh who died in Pakistan. He was a minor in 1957 and his mother Smt. Dalbir Kaur sold 48 Kanals of land belonging to the minor situate in village Dhogri, tahsil and district Jullundur, to Smt. Shiv Kaur and Smt. Kartar Kaur for a sum of Rs. 7000/-on November 29, 1957. The vendees sold 10 marias of land to defendant 5 (Khu-shia son of Nathu) and Smt. Kartar Kaur sold another piece of land measuring 10 Marias in favour of defendant 4 (Parkash son of Tulsi ). These subsequent vendees were made defendants to the suit. The number of the suit in respect of the land sold in favour of Smt. Shiv Kaur and kartar Kaur was 63 of 1967.

(3.) SMT. Dalbir Kaur effected a second sale of the minor's land measuring 64 kanals 1 Maria for a sum of Rs. 9000/-in favour of Kapur Singh and others on december 10, 1957. The suit in respect of this land filed by Devinder Singh was numbered as 64 of 1967.