PARGAT SINGH Vs. NACHHATTAR SINGHTL

JUDGEMENT

(1.) THIS order shall dispose of Civil Revision No. 3905 if 2003 and S.A.O. No. 44 of 2003, which are arising from the same suit between the parties, though against two different orders.

(2.) THE instant Civil Revision has been filed by Pargat Singh and others against the order dated 22.3.2003 whereby the application filed by the petitioner for amendment of the grounds of appeal and for impleading the legal representatives of Daroga Singh as co-appellants has been dismissed. The S.A.O. has been filed against the order dated 8.5.2003 passed by the Additional District Judge, Fatehgarh Sahib vide which the appeal preferred by the appellant Pargat Singh against the judgment and decree dated 26.11.1999 has been dismissed being abated.

(3.) THE defendant Nachhattar Singh contested the said suit. He denied the claim of the plaintiffs being joint owners to the extent of 1/3rd share each with him in the suit land and claimed that in fact he was the exclusive owner in possession of the suit property by virtue of a sale deed. The trial Court dismissed the suit of the plaintiffs vide judgment and decree dated 26.11.1999. It was held that as per the judgment and decree dated 22.10.1977 (Ex. P-16 and P-17) inter se between the parties, the plaintiffs were to be held the joint owners to the extent of 1/3rd share, however, the said judgment and decree could not be taken into consideration as in the present case the plaintiffs were not claiming the ownership to the extent of 1/3rd share on the basis of the said decree. But they were claiming the suit land independently. Thus, the said evidence on record could not be taken into consideration being beyond pleadings.