SMT. USHA DEVI Vs. JOGINDER SINGH AND OTHERS

JUDGEMENT

(1.) These four appeals arise out of four suits filed by five persons who are parties to the lis. Two of the suits pertain to land falling in village Bakhlaur, then Tehsil Nawanshahar, formerly District Hoshiarpur (now District Nawanshahar), whereas two suits pertain to land falling in village Sooni, Tehsil Garshankar, District Hoshiarpur. The owner of the suit land, in all the suits, was stated to be one Shakuntla Devi, essentially whose wills stand to question in 3 of the 4 suits. In one suit, pertaining to land in village Bakhlaur, only a decree of permanent injunction was sought, though even in that case, the defendant did rely upon a will of Shakuntla Devi.

(2.) Both suits were dismissed by the learned Additional Civil Judge vide her judgment and decree dated 11.12001, against which four appeals were preferred before the first appellate Court (of the learned Additional District Judge, Hoshiarpur). Two appeals were filed by Usha Devi, who, being a defendant in both the civil suits, would seem to have no reason to file any appeal with the civil suits dismissed, but her appeals were so filed, on account of the finding by the trial Court that no declaration could be issued in favour of the defendants, i.e. Usha Devi and her brother Baljit Singh, to the effect that they are the legal representatives of the father of the late Shakuntla Devi (and consequently entitled to inherit the suit land). Similarly, Joga Singh and Deepak Kumar also filed two appeals against the dismissal of the two suits, on the same ground.

(3.) As regards the other two appeals clubbed before this Court alongwith the aforesaid two appeals, RSA No.615 of 2007 has its basis in Civil Suit No.529 of 1997 (instituted on 07.02.1996 in the Court of the Civil Judge (Senior Division), Nawanshahar), in which plaintiffs Dildar Singh and Niranjan Singh sought a decree of permanent injunction against the sole defendant, Baba Kali Dass, injuncting him from interfering in their possession of land measuring 38 kanals 10 marlas, situate in village Bakhlaur, which they claimed to have been in continuous possession of for 12 years.