SURJAN SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) PRESENT revision petition has been filed by the plaintiff petitioners (hereinafter referred to as the plaintiffs) The facts giving rise to the petition are as under :

(2.) PLAINTIFFS filed a suit for declaration, to the effect that they are the sole heirs of one Mehar Singh, now deceased, their real brother, who died widowless and issueless and that the order dated 29th January, 1988 passed by Shri H. S. Pawar, Collector Amritsar, in favour of defendant No. 1 regarding the estate of Mehar Singh deceased was null and void and ineffective qua the right of inheritance of the plaintiffs pertaining to the estate of Mehar Singh deceased coupled with permanent injunction restraining defendant No. 1 from transferring any part of the property owned and possessed by Mehar Singh on the basis of the order dated 29th January, 1988 in mutation; No. 2l0, pertaining to the inheritance of Mehar Singh deceased.

(3.) BEFORE the injunction as prayed for was granted in favour of the plaintiffs restraining the defendants from transferring the property in dispute, the defendants sold the property. The learned counsel appearing for the plaintiffs under these circumstances made a statement that in view of the fact that the sale deed had been executed in respect of the suit land, as such the nature of the suit had changed, and, therefore, he be allowed to withdraw the suit with permission to file fresh one on the same cause of action. On this statement having been made by him, the trial Court passed the following order: