SURJIT SINGH Vs. JATINDER SINGH AND ANOTHER

JUDGEMENT

(1.) By this judgment, two appeals, arising out of consolidated judgment of both the courts below, while deciding two civil suits, are being disposed of.

(2.) Defendant-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the courts below. Dispute in the present case is between the family members. At one point of time, Smt. Gurnam Kaur was the owner of the property. She executed a sale-deed on 14.3.1972 in favour of her son namely Amrik Singh. However, unfortunately the aforesaid sale-deed was not mutated/entered in the revenue records.

(3.) Defendant in the suit, who is other son of Gurnam Kaur, pleaded right in the property on the basis of a registered Will dated 12.4.1982. First suit filed by the plaintiffs was instituted on 21.6.2006. The plaintiffs claim that they are owners of the property, which was at one point of time owned by Smt. Gurnam Kaur and thereafter sold to Amrik Singh. In the second suit, which was filed on 16.7.2008, the plaintiffs sought declaration that the orders of partitioning the property in spite of injunction granted by the civil court in the previous suit are illegal, null and void.