AMARJEET KAUR Vs. JEON SINGH

JUDGEMENT

(1.) The present Regular Second Appeal has been filed by Amarjeet Kaur and another, appellants/defendants No. 5 and 6 (hereinafter referred to as, 'the appellants'), against the judgment and decree dtd. 3/9/1997 passed by the learned lower Appellate Court whereby the judgment and decree dtd. 20/2/1992 of the learned trial Court dismissing the suit of the plaintiff Jeon Singh was set aside and the appeal of the plaintiff was allowed.

(2.) The plaintiff Jeon Singh instituted a suit for declaration to the effect that he was the owner of the suit land and that the wrong entries in the revenue record were liable to be corrected. He also sought a declaration that the sale deed dtd. 9/6/1978, executed in favour of his sons, be rectified in his favour, along with the consequential relief of possession and permanent injunction restraining the defendants from alienating or transferring the land.

(3.) Defendants No. 1 to 4 and defendant No. 7 filed their written statements admitting the claim of the plaintiff and expressed no objection to the declaration sought. However, defendants No. 5 and 6, the widow and daughter of Gurpal Singh (since deceased 'one of the sons of Jeon Singh'), contested the suit. They asserted that Gurpal Singh was a co-owner to the extent of 1/5th share and that the sale deed was validly executed in favour of defendants No. 1 to 4 and Gurpal Singh. They pleaded that after the death of Gurpal Singh, they had inherited his share and were in possession thereof. It was further contended that the suit was barred by limitation, filed in collusion with the other defendants to defeat the rights of defendants No.5 and 6, who are class-I legal heirs of Gurpal Singh s/o Jeon Singh, and was not maintainable.