SQN LDR GURDIAL SINGH RETD Vs. GURDEV SINGH

JUDGEMENT

(1.) This order of mine will dispose Civil Revisions Nos.1566 and 2114 of 1990.

(2.) The suit property was originally owned by one Kartar Singh son of Ganda Singh. After his death, property came to his widow Kartar Kaur. Upon her death, Randhir Singh son of Ganda Singh, her sole heir and legal representative being the brother of her husband became the owner of the property and on the death of Randhir Singh, Bhagwan Kaur his widow filed a suit for declaration to the effect that the plaintiff is exclusive owner of 1/2 share (originally which belonged to Kartar Kaur widow of Kartar Singh) and for permanent injunction restraining defendant Gurdev Singh and Sarabjit Singh from alienating the property in suit. Defendant No. 1 set up a Will alleged to have been executed by Kartar Kaur in their favour. During the pendency of the suit, Bhagwan Kaur died and an application was made by Gurdev Singh (now plaintiff) for impleading himself as the sole heir and legal representative of Bhagwan Kaur. On his application, he was allowed to be impleaded in place of Bhagwan Kaur.

(3.) On 20-9-1982 Gurdev Singh plaintiff filed an application for amendment of the plaint so as to include the prayer of possession of the suit property as he alleged that during the pendency of the suit, defendants have forcibly dispossessed the plaintiff from the property in suit. The amendment was allowed to include the prayer of possession.