BAKSHISH SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) PLAINTIFFS are in second appeal. Their suit was decreed by learned Sub Judge Ist Class, Rajpura vide judgment and decree dated 23.09.1982, but first appeal preferred by the defendants-respondents has been allowed by learned Additional District Judge, Patiala vide judgment and decree dated 18.11.1985.

(2.) PLAINTIFFS are sons of Harbans Singh-defendant No.1 from his second wife. Defendant No. 2 Sarjit Kaur is first wife of defendant No. 1. Defendants No. 3 and 4 are their sons, whereas defendant No. 5 is their grandson from another son Gurcharan Singh (since deceased).

(3.) DEFENDANTS No. l and 2 filed joint written statement, whereas defendants No. 3 to 5 filed separate, but similar written statement. Defendants have inter-alia pleaded that the plaintiffs had separated from defendant No. 1 thirty years ago, as the plaintiffs and their mother had strained relations with defendant No. 1. Plaintiff No.1 was residing in a different village Rurki for the last 15 years. It was denied that plaintiffs are coparceners with defendant No. 1. It was also denied that the suit land is coparcenary property of plaintiffs and defendants No. 1 and 3 to 5. Decree dated 26.03.1972 suffered by defendant No. 1 in favour of defendant No. 2, was alleged to be legal and valid. It was alleged that plaintiffs had full knowledge of the said decree. It was denied that the suit land was declared as coparcenary property in previous litigation. It was pleaded that defendant No. 1 had sold 24 Bighas land out of the suit land to defendants No. 3 to 5 for Rs. 48,000/- vide registered sale deed dated 14.03.1980 and defendants No. 3 to 5 are bonafide purchasers thereof for valuable consideration and without notice. Various other pleas were also raised.