TARSEM SINGH Vs. SADHU RAM AND ORS.

JUDGEMENT

(1.) The question raised in the present appeal is whether the suit bearing No. 654 dated 25.9.1998 filed by the respondents -plaintiffs seeking declaration challenging the judgment and decree dated 10.2.1995 passed in civil suit No. 1534 of 1991 titled as Tarsem Singh v/s. Prabhi Devi and others with consequential relief of permanent injunction is maintainable or not. The following substantial questions of law would arise for determination by this Court: - -

(2.) Before adverting to the rival contentions of the parties, it would be necessary to give brief facts emanating, from the pleadings of the parties.

(3.) Ram Chander @ Ram Chand (hereinafter referred to as Ram Chander) was owner in possession of the suit land situated at Village Gadauli Tehsil Naraingarh as well as land situated at Village Machhi Kalan earlier in District Patiala, presently Tehsil Sirhind, District Fatehgarh Sahib. He allegedly executed a Will dated 23.12.1974 in favour of the respondents -plaintiffs which was registered in the office of Sub Registrar. Ram Chander was son of Karam Singh. He had two brothers Ranjit Singh and Yad Ram. The dispute arose between the appellant -Tarsem Singh s/o Ranjit Singh and respondent No. 1 Sadhu Ram s/o Ranjit Singh Vidya Devi W/o. Sadhu Ram, Shyam Lal and Jaspal, sons of Sadhu Ram, Shakuntala Devi W/o. Shyam Lal and Usha Devi W/o. Jaspal and other respondents. Rameshwar Dass died unmarried.