SUKHWANT SINGH AND ORS. Vs. SAROOP SINGH

JUDGEMENT

(1.) THE present regular second appeal is directed against the judgment and decree dated 09.12.2011, passed by Additional District Judge, Tarn Taran, whereby, the judgment and decree dated 21.07.2010, passed by Civil Judge (Junior Division), Patti, was set aside.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of First Instance.

(3.) THE defendants version as set up in the written statement that suit is not maintainable as plaintiff is not the son of Puran Singh because Puran Singh never performed marriage during his lifetime. However, he had executed a registered Will dated 28.11.1987 in favour of defendants and the same was duly registered on 30.11.1987. The Will was executed by Puran Singh during his life time in lieu of services rendered by defendants. Plaintiff has no relation with Puran Singh, whereas, the plaintiff is son of Narain Singh and Mathro of village Bainka, Tehsil Patti and he belongs to Arora Caste, whereas, Puran Singh belongs to Jat Sikh Caste. Mutation was also sanctioned in favour of defendants on the basis of registered Will after visiting the spot and in presence of residents of village Blair on 17.05.2004. Appeal against order dated 08.06.2004, passed by the Assistant Collector, Ist Grade, Amritsar was dismissed on 22.04.2005. No further appeal was preferred against the said order and as such, the said order attained finality. Plaintiff has completely concealed this fact. Plea was taken in the written statement that suit is bad for non -joinder of necessary parties. More so, the suit land was cultivated by Piara Singh during his life time and thereafter, defendants came in possession and now cultivating the suit land.