LAWS(P&H)-2015-11-84

NASIB KAUR Vs. MOHINDER LAL AND ORS.

Decided On November 19, 2015
NASIB KAUR Appellant
V/S
Mohinder Lal And Ors. Respondents

JUDGEMENT

(1.) THIS order shall decide seven appeals i.e. RSA Nos. 3559, 3560, 3655, 3656, 3676 and 3677, of 2010 and 3248 of 2011. A common judgment rendered by the Appellate Court, dated 13.02.2010, is being assailed in RSA Nos. 3559, 3655, 3656 and 3676 of 2010. Likewise, a judgment of an even date i.e. 13.02.2010, is under challenge in RSA Nos. 3560, and 3677 of 2010. And the judgment under challenge in RSA No. 3248 of 2011, though of an even date, but was rendered separately.

(2.) IN fact, all these appeals arise out of seven separate suits, of which six were filed by respondent No. 1 Mohinder Lal and the 7th suit i.e. 158/07 dated 2.12.2005, actually instituted on 10.01.1991, was filed by Sain Ujagar Shah, which, post his death, was also pursued by respondent No. 1 -Mohinder Lal. All the seven suits were decreed by the trial Court. And appeals preferred against the said decrees failed and were dismissed, except that vide judgments rendered by the first Appellate Court, dated 13.02.2010, under challenge in RSA Nos. 3559, 3560 and 3677 of 2010, appeals preferred by the appellants were partly accepted and the finding qua title of the suit property, that was recorded in favour of Mohinder Lal (respondent No. 1), was set aside. However, a decree for injunction, restraining the appellant from causing any interference in the occupation and possession of plaintiff Mohinder Lal over the Dera and properties attached thereto was affirmed. This is how, appellant -defendant No. 2 Nasib Kaur is before this Court vide these seven appeals. But, plaintiff (Mohinder Lal) has not chosen to prefer any appeal against the finding recorded by the Ist Appellate Court against him.

(3.) PARTIES to the lis, hereinafter, shall be referred to by their original positions in the suit.