LAWS(P&H)-1996-8-101

MOHAN SINGH Vs. ANGREJ KAUR

Decided On August 27, 1996
MOHAN SINGH Appellant
V/S
ANGREJ KAUR Respondents

JUDGEMENT

(1.) PLAINTIFF -petitioners have filed this revision against trial Court's order dated May 25, 1995, whereby petition filed by Karnail Singh under Order 1 Rule 10 CPC is allowed and the plaintiffs are directed to implead him by filing an amended plaint.

(2.) PLAINTIFF -petitioners filed a suit for declaration to the effect that they are owners in possession of l/3rd share of the suit land (mentioned in the title of the plaint ). Defendant-Angrej Kaur has no concern with the land. Therefore, the plaintiffs are entitled to get the mutation changed in their favour in the revenue record. They filed this suit against Angrej Kaur widow of Kapur Singh, grand-mother of the plaintiffs. Karnail Singh son of defendant Angrej Kaur i. e. he is uncle of the plaintiffs. Karnail Singh in his petition averred that in a family settlement arrived at 2/3 years ago, half share of the suit land was given to him and the other half share was given to the plaintiffs. He is in cultivating possession of half share of the disputed land. The plaintiff-petitioners have filed this suit in collusion with defendant-Angrej Kaur to deprive him of his half share of the suit land.

(3.) THE plaintiff-petitioners contested the petition filed by Karnail Singh. The trial Court, however, allowed the said petition.