JAGJIT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) VIDE this judgment two Regular Second Appeals (Nos. 1115 of 1987 and 1829 of 1987) are being disposed of as they have arisen from the same suit. The appellants in both these appeals are the defendants.

(2.) THE suit was filed by Pritam Singh and his two sisters, Tej Kaur and Bhagwan Kaur, for declaration that decree dated August 30, 1979 in suit "jagjit Singh v. Mehar Singh" was obtained by aforesaid Jagjit Singh illegally and fraudulently and mutation No. 12 attested on March 28, 1981, on the basis of the aforesaid decree with respect to the land in dispute measuring 55 Kanals-15 Marlas was not binding on the plaintiffs, who claimed title to the land on account of natural succession. They also claimed decree for possession of the aforesaid land. Common ancestor of the plaintiffs and Mehar Singh deceased was Budh Singh. He had three sons namely Wazir Singh, Gajjan Singh and Hira Singh. Mehar Singh was son of Hira Singh, who died unmarried and issueless. Gajjan Singh had a son, Gurdit Singh, and Pritam Singh etc. plaintiffs are his children. The third son of Budh Singh namely Wazir Singh also died issue- less. This pedigree table would show that the plaintiffs are children of brother of Hira Singh, whose son was Mehar Singh.

(3.) WHILE contesting the suit, the defendants put forth alternative pleas. They asserted that the consent decree suffered by Mehar Singh was valid. Mehar Singh had also adopted Jagjit Singh defendant and Mehar Singh also willed away his property in favour of Jagjit Singh and others. Some other pleas were also taken and the suit was tried on the following issues: