GURDEV SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) This order shall dispose of two cases i.e. Civil Revision No. 1446 of 1996 titled as Gurdev Singh and Anr. v. Amarjit Singh and Ors. and RSA No. 970 of 1996 titled as 'Gurdev Singh and Anr. v. Amarjit Singh and Ors.

(2.) In brief, one Atma Singh was owner of the property in dispute. He had two wives, namely, Mohinder Kaur and Nand Kaur. Nand Kaur died issueless, whereas Mohinder Kaur had a son namely, Gurcharan Singh, who was married to one Harbeer Kaur and had two children, namely, Amarjit Singh and Amarjit Kaur. Amarjit Singh filed a suit through his mother Harbeer Kaur as his General Power of Attorney by impleading Nand Kaur and his sister Amarjit Kaur as Defendants, seeking a decree for declaration to the effect that he is the owner in possession to the extent of 1/4th share, measuring 233 kanals 5 marlas and mutation No. 1109 dated 18.4.1961 is illegal, null and void. It was alleged that Atma Singh was the owner in possession of 1476 bighas 17 biswas of land as per jamabandi for the year 1957-58, out of which he had sold 238 bighas 5 biswas of land. Said Atma Singh had also executed a Will dated 03.10.1960 in favour of Amarjit Singh and died in the year 1960 itself. After his death, his property was mutated in favour of his widow Nand Kaur despite the Will in favour of the Plaintiff. Consequently, he filed the present suit for declaration claiming his right of ownership over the land in dispute to the extent of l/4th share and also challenged the mutation dated 18.4.1961 purported to have been sanctioned in favour of Nand Kaur.

(3.) During the pendency of the suit, Nand Kaur suffered a decree dated 13.8.1992 in favour of the present Petitioners/Appellants Gurdev Singh and Harbans Singh sons of Amar Singh, who are alleged to be her nephews from her parents' side and died issueless in May, 1993. After the death of Nand Kaur, an application under Order 22, Rule 4 of Code of Civil Procedure, 1908 (for short, Code of Civil Procedure ) was filed at the instance of Harbeer Kaur and Amarjit Kaur which was allowed on 13.1.1994 by the learned Trial Court. The present Petitioners/Appellants also filed an application under Order 1, Rule 10 of the Code of Civil Procedure to be impleaded as parties on the ground that they have a share in the property of said Nand Kaur, which is claimed by the Plaintiff Amarjit Singh but that application was dismissed vide order dated 13.1.1994. Operative part of the said order reads as under:.