LAWS(P&H)-2012-12-61

GURCHARAN KAUR Vs. SUKHWANT SINGH

Decided On December 01, 2012
GURCHARAN KAUR Appellant
V/S
SUKHWANT SINGH Respondents

JUDGEMENT

(1.) By this common judgment, I am disposing of three regular second appeals i.e. RSA No.4743 of 2011 and RSA No.4745 of 2011, both titled as "Smt. Gurcharan Kaur and others Vs. Sewa Singh and others" and RSA No.4744 of 2011, titled as "Mukhtiar Singh and others Vs. Sukhwant Singh and others" being interconnected. These appeals have arisen out of two suits and counter claim in one suit.

(2.) Suit No.270 of 2000 was filed by Darshan Singh and Sardool Singh plaintiffs sons of Kapoor Singh. Darshan Singh has since died and is represented by appellants No.1 to 3 as his legal representatives whereas Sardool Singh- plaintiff No.2 is appellant No.4 in RSA Nos. 4743 and 4745 of 2011 having arisen out of the said suit and counter claim made therein. The said suit was filed against Sewa Singh, Bal Kaur, Niranjan Singh, Vachittar Singh, Narender Kaur and general public as defendants. Defendants No.1 and 2 are son and daughter of Dewan Singh. Defendant No.3 is son of Dayal Kaur daughter of Dewan Singh. Defendants No.4 and 5 are son and wife respectively of late Lakhwinder Singh son of Dayal Kaur daughter of Dewan Singh. Defendants No.1 to 5 were impleaded as legal heirs of Dewan Singh (since deceased). Sukhwant Singh, Jaswant Singh, Narender Singh and Nirmal Singh respondents No.1 to 4, who are sons of Sewa Singh-defendant No.1, got themselves impleaded as party in view of general public being defendant No.6 in the suit. Respondents No.1 to 4 herein contested the suit and also made counter claim.

(3.) Suit No.249 of 2001 was filed by Sukhwant Singh, Jaswant Singh, Narender Singh, Nirmal Singh and their father Sewa Singh (plaintiffs/respondents in RSA No.4744 of 2011 arising out of the said suit) against legal heirs of Kehar Singh as defendants (appellants including legal heirs of some of the original deceased defendants in the aforesaid appeal).