MEWA SINGH AND ANOTHER Vs. SURJIT KAUR

JUDGEMENT

(1.) Petitioners have assailed order dated 20.02.2016 (Annexure P-1) passed by Civil Judge (Jr. Divn.) Fatehgarh Sahib, whereby application filed by the petitioners for bringing them on record as legal representatives of deceased Mohinder Singh was dismissed.

(2.) Brief facts as gathered from the record are that plaintiff/respondent-Surjit Kaur filed a suit for declaration to the effect that she was joint owner to the extent of 1/4th share out of the share of defendant No.3 in the suit property being co-parcener and the sale deed dated 17.02.2010 allegedly executed by defendant No.3 was illegal, without consideration, without legal necessity, sham transaction, null and void. Permanent injunction was also sought restraining the defendant-petitioners from alienating the suit property. Plaintiff also claimed that the suit property was joint Hindu family, coparcenary and ancestral property of the respondent-plaintiff, defendant-petitioners and said Mohinder Singh deceased. It was pleaded that the respondent being daughter of Mohinder Singh had inherited the property along with sons of Mohinder Singh, who inherited the property from his father Parsin Singh and who in turn inherited the same from his father Bir Singh. In this way, plaintiff claimed 1/4th share of her father and also claimed joint possession.

(3.) Petitioners contested the suit and denied that respondent being coparcener. Property was not admitted to be coparcenery and joint Hindu family property of the parties, rather the suit property was claimed to be self-acquired property of defendant No.3 Mohinder Singh in which plaintiff had no share. Defendant No.3 being absolute owner of the property sold the same to the petitioners vide sale deed dated 17.02.2010 and, therefore, petitioners became owners thereof.