MALKIAT SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This order of mine shall dispose of the appeal bearing RSA No.1384 of 2002, preferred by the plaintiffs, who had been successful before the trial Court, but partly before the lower Appellate Court viz-a-viz land in respect of estate of Amar Singh with regard to the Village Jalbera, Tehsil Sirhind, District Patiala, held to be ancestral and cross objections bearing preferred on behalf of the defendants viz- a-viz decreetal of the suit qua property in Village Rajindergarh, Tehsil Sirhind, District Patiala.

(2.) The plaintiffs instituted the civil suit bearing No.344 of 1985 against the defendants claiming declaration by challenging the judgment and decree dtd. 17/12/1984 in a civil suit No.464 of 1984 to be null, void and inoperative against their rights and claimed joint possession on the following properties mentioned at letters A, B, C and D:-

(3.) The aforementioned suit was contested by the defendants by denying that the property was coparcenary, but alleged being a self- acquired. Even family settlement/arrangement, propounded by the plaintiffs was emphatically denied. It was averred that the decree was valid one and therefore, the plaintiffs had no concern with the same.