GURDIP SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS case has a long chequered history. In fact, it is the third round of litigation. Second round of litigation had gone right upto the Supreme Court. In the third round, legitimate claim of Arjan Singh son of Sunder Singh is sought to be defeated on the plea that his suit is barred under Order 2 Rule 2 and Section 11 of the Code of Civil Procedure.

(2.) THE brief facts are that one Sunder Singh son of Saun Singh was owner in possession of suit land. He had two sons, Arjan Singh and Sarwan Singh and two daughters, Gurnam Kaur and Harnam Kaur. Harnam Kaur died leaving behind her husband and three daughters. The estate of Harnam Kaur is now represented by Rajinder Singh (respondent No. 2 herein). Sunder Singh died in 1979. Upon his death, a dispute arose with regard to his estate. Sunder Singh had two grandsons, Gurdip Singh and Sukhchain Singh sons of Sarwan Singh. They on the basis of Will dated 7.8.1972 alleged to have been executed by Sunder Singh in their favour, got mutation No. 2368 sanctioned in their favour. Arjan Singh son of Sunder Singh, feeling aggrieved of the mutation sanctioned in favour of Gurdip Singh and Sukhchain Singh, filed Civil Suit No. 223 of 1979 for joint possession against them. In the suit, Arjan Singh alleged that his father Sunder Singh during his life time had executed Will dated 9.1.1959 in his favour. In defence, Gurdip Singh and Sukhchain Singh set up Will dated 17.8.1972. The suit was fully contested, Sub-Judge 1st Class, Jagraon, after framing issues regarding execution of Wills and their validity, disbelieved both the Wills and dismissed the suit. While dismissing the suit, Sub Judge 1st Class held that the estate of Sunder Singh shall go to the natural heirs by way of natural succession. Gurdip Singh and Sukhchain Singh filed appeal but it was rejected. After decision of Suit No. 223/1979, mutation in the name of Gurdip Singh and Sukhchain Singh which was earlier sanctioned on the basis of Will dated 17.8.1972, was cancelled and it was sanctioned in favour of natural heirs i.e. two sons, namely Arjan Singh and Sarwan Singh and two daughters in equal shares. Arjan Singh filed an application before the Revenue Authorities for partition. The Assistant Collector Ist Grade, on 30.9.1983 directed partition of the suit land and declared that all the natural heirs will get 1/4th share in the estate of the deceased. In pursuance of order of partition dated 30.9.1983, symbolic possession was given to all the natural heirs of Sunder Singh on 5.12.1983.

(3.) UPON contest by Arjan Singh and others, suit was decreed. Appeal filed by Arjan Singh was partly allowed and suit filed by Gurdip Singh and Sukhchain Singh (plaintiffs of Suit No. 248 dated 23.10.1982) was decreed only to the extent that they shall not be dispossessed from the suit land except in due course of law. The Additional District Judge, Ludhiana in his judgment dated 10.11.1986 clarified that the property of Sunder Singh shall devolve upon his natural heirs according to the provisions of Hindu Succession Act.