PARAMJIT SINGH Vs. PARMINDER KAUR

JUDGEMENT

(1.) Due to outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing.

(2.) The then plaintiff-Paramjit Singh, now deceased, being represented by his LRs, the appellants, before this Court had filed against his siblings a suit for declaration that the plaintiff is owner in possession of building detailed in Serial No. i and ii of the plaint bearing properties No. B-XL-II/93 and property bearing No. B-XXXII/3 both situated on G.T. Road and railway Road in the area Sub Division, Phagwara District Kapurthala, claiming it so, on the basis of family settlement which was subsequently reduced into writing on 17/7/1995 and oral settlement between plaintiff and defendant No.2-Gurdial Singh, now principal contestant, before this Court.

(3.) The Court of learned Civil Judge (Junior Division), Phagwara vide judgment/decree dtd. 16/1/2017 decreed the suit of the plaintiff with no order as to costs. It is against this very judgment/decree, two civil appeals have come about, one by Gurdial Singh (defendant No.2) bearing No. CA/46/2017 and the second one by Parminder Kaur (defendant No.5) bearing No. CA/57/2017. The Court of the learned Additional District and Sessions Judge-II, Kapurthala, through common judgment/decree dtd. 19/2/2021 while deciding issues No.2, 6, 7 and 10 in favour of the plaintiff against the defendants, decided remaining issues No.1, 3, 4, 5, 8 and 9 against the plaintiff in favour of the defendants and, thereby, both the appeals stood accepted with costs thereby setting aside the judgment decree of the Trial Court. It is how these two appeals against the siblings have come about laying challenge to the judgment decree of First Appellate Court. Being an outcome of common judgment/decree, between the same very parties wherein common question of law and facts are involved both these appeals are, thus, being taken up and decided together by this common judgment. Heard learned counsel of both the sides at length and perused the records of the case.