GAJRAJ AND OTHERS Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) CM 7617-C/2012 has been moved under Order 22 Rule 4 CPC for impleading the legal representatives of Sirya-defendant no.2, who died during the pendency of the appeal before the learned appellate Court leaving behind no other legal heirs except his two sons namely Sukhbir and Krishan, as detailed in para 3 of the application. The application is supported by an affidavit of appellant no.3-Rampat. For the reasons stated in the application, the same is allowed subject to all just exceptions and the persons detailed in para 3 of the application are permitted to be impleaded as legal representatives of defendant no.2-Sirya.

(2.) Plaintiffs/appellants are in second appeal against the concurrent findings recorded by both the Courts below whereby their suit for declaration with consequential relief of permanent injunction was dismissed by the learned Civil Judge (Junior Division) Gurgaon vide judgement and decree dated 13.10.2007 and the findings thereof were affirmed by the learned Additional District Judge, Gurgaon vide judgement and decree dated 21.3.2012.

(3.) In brief the facts are that one Chandi was owner in possession of the suit land comprising a dharamshala in Killa no.27 (0K-11M). Plaintiffs are the sons, daughters and widow of said Chandi. One Phool Singh who was the Caretaker of the dharamshala purchased the suit property vide an oral sale dated 21.11.1979 from Chandi and mutation no.406 was accordingly sanctioned on 5.12.1979.