BALJINDER SINGH Vs. LT. COL. RATTAN SINGH

JUDGEMENT

(1.) THE present appeal arising out of Civil Suit No. 171 of 1994 filed by Lt. Col. Rattan Singh-respondent claiming possession of land measuring 73 Kanals 11 Marlas. Earlier, the present appeal was taken up for hearing along with Regular Second Appeal Nos. 2548 and 2550 of 2000 arising out of two other separate suits filed by Lt. Col. Rattan Singh and was dismissed on 18.08.2004. The Hon'ble Supreme Court has remitted the present appeal back to this Court.

(2.) THE challenge in the other two suits was to the gift deed allegedly executed on 19.12.1962 and Will dated 1.8.1969 both executed by Shiv Dev Singh. In the present suit, the plaintiff, son of Shiv Dev Singh from his first wife, claimed possession of the aforesaid land by alleging therein that the defendant, son of Jaspal Singh s/o Shiv Dev Singh from his second wife Iqbal Kaur, has no right, title or interest in the suit land. The defendant claims title over the suit land on the basis of Will in his favour by one Smt. Pritam Kaur, sister of Iqbal Kaur and wife of Shiv Dev Singh. Earlier, Shiv Dev Singh has executed sale deed in favour of Pritam Kaur through his attorney Jaspal Singh, father of the defendant. It was asserted that Shiv Dev Singh could not alienate the suit land without the consent of the plaintiff being co-parcener and that the sale was without legal necessity and not for the benefit of the estate. It was alleged that the sales are nullity and void. The relevant paragraphs from the plaint read as under :-