LAWS(P&H)-2015-9-523

NASIB KAUR AND ANOTHER Vs. CHAND RANI

Decided On September 01, 2015
Nasib Kaur And Another Appellant
V/S
CHAND RANI Respondents

JUDGEMENT

(1.) By this order, I propose to decide two regular second appeals i.e. RSA No.2060 of 2015, titled as 'Nasib Kaur & others versus Sohan Dass and others' and RSA No.2061 of 2015, titled as 'Nasib Kaur & another versus Chand Rani', as these appeals have been preferred, wherein, the memorandum of exchange dated 21.12.1999 is in question.

(2.) Suit No.691 dated 16.07.2008 was filed by Nasib Kaur widow of Sajjan Singh, Virpal Kaur and Sukhwinder Singh, daughter and son of Sajjan Singh respectively, praying for a decree of declaration and possession to the effect that the plaintiffs being legal representatives of deceased Sajjan Singh son of Inder Singh, are owners in equal shares of the land/site measuring 0 Kanal 8 Marlas comprised in old Khata No.181/340 New Khata No.230/411-412 Khasra Nos.36min(0-6), 37 min(0-2) vide jamabandi for the year 2004-05 situated within the revenue limits of Dhanaula Khurd, Tehsil Barnala and are, thus, entitled to get the mutation of inheritance and ownership entered and sanctioned in their favour and for permanent injunction restraining the defendants Sohan Dass, Paramjit, Rakesh Kumar, Gagandeep and Vijay Kumar sons of Sohan Dass and Chand Rani widow of Sohan Dass, from changing the nature of the suit land by raising any kind of construction over it etc.

(3.) In RSA No.2061 of 2015, Suit No.709 dated 06.08.2008 was filed by Chand Rani widow of Sohan Dass against Nasib Kaur and Gurmeet Kaur, widows of Sajjan Singh, for declaration to the effect that the plaintiff is owner in possession of the same land which is a subject matter of Suit No.691 dated 16.07.2008 on the basis of the same memorandum of exchange dated 21.12.1999 and defendants have no right, title or concern with the same and the plaintiff is entitled to get her name recorded being owner in possession in the revenue records and the defendants are bound by the terms and conditions of the memorandum of exchange and for permanent injunction restraining defendants from interfering in the possession of the plaintiff etc.