RACHHPAL SINGH Vs. AJIT SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in the present revision petition filed under Article 227 of the Constitution of India by the petitioner/plaintiff is to the order dated 25.4.2013 (Annexure P/1) whereby the Civil Judge (Junior Division), Amritsar allowed the application filed by the respondents/defendants under Order 7 Rule 11 CPC and directed that the plaintiffs should furnish Court fees as the relief of cancellation of the sale deeds had been prayed for.

(2.) A perusal of the paper book would go on to show that the petitioner alongwith Ranjit Kaur, respondent no.6 being children of Jaswant Singh filed a suit for separate possession by way of partition of property bearing No.17/5, Kennedy Avenue, Amritsar, measuring 115.30 Sq. yards in which triple storey Building had been raised and declaration was also sought that plaintiffs and defendants No.1,2 and 3 who are also children of Jaswant Singh had got 1/5th share in the property in question. The sale deed dated 18.8.2009 registered on 19.8.2009 executed by defendant no.5, Amritsar Improvement Trust in favour of defendant no.1 was challenged being illegal, null and void. The subsequent transfer deed dated 18.9.2009 executed by defendant no.1 in favour of defendant no.4 Pavijit Singh was also challenged being collusive and illegal.

(3.) The suit was contested by defendant no.5 with the Improvement Trust by taking the plea that Jaswant Singh had died on 24.10.1993 to whom plot No.17/5 had been sold. The certificate of legal heirs was issued by the office of Deputy Commissioner, Amritsar on 3.4.2003. Niranjan Kaur wife of deceased Jaswant Singh along with plaintiff Rachhpal Singh filed legal objections regarding acceptance of legal heirs to Ajit Singh, defendant no.1 but later on they filed mutual agreement and gave no objection for accepting him as sole successor of the property.