AVTAR SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THE defendants are in appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for possession of land allegedly conveyed by defendant No.2 in favour of defendant No.1 on 9.4.1992, was decreed.

(2.) PURAN Singh son of Geeta Singh is the father of the plaintiffs and defendant No.2. Defendant No.1 is the husband of defendant No.2. The plaintiff alleges that earlier defendant No.1 got a decree suffered from Puran Singh on the basis of a family settlement. The said decree was challenged by Nirmal Singh and Jarnail Singh, sons of the plaintiff. Puran Singh admitted the case of the sons of plaintiff by filing written statement, but when he was to appear in the Court to make the statement, the defendant by exercising undue influence got two sale deeds dated 9.4.1992 executed illegally in favour of defendant No.1. Since the grievance of the plaintiff was not redressed, the present suit was filed.

(3.) THE learned trial Court dismissed the suit for the reason that the suit is barred by limitation having been filed on 11.6.1999, whereas the cause of action arose to the plaintiff on 9.4.1992. It was also found that the earlier suit filed by the sons of the plaintiff was dismissed on 9.4.1999 under Order 8 Rule 8 CPC and the plaintiffs had the opportunity to contest the suit but did not move any application. Therefore, the plaintiff has no locus standi to file the present suit. Even on merits, the learned trial Court returned a finding that the execution of the sale deeds stands proved from the admission of Puran Singh deceased and from the statement of DW4- Balwant Scribe and DW2 Bhag Singh and DW1 Ujagar Singh, attesting witnesses of the sale deeds dated 9.4.1992. But in appeal, the learned first Appellate Court considered the factum of the Civil Court judgment and decree Exhibit D.22 and D.23 passed in favour of Avtar Singh son of Atma Singh in respect of 26 kanals 17 marlas of land on the basis of a family settlement of January, 1975. The said decree is subject matter of challenge in a separate suit filed by Hakam Singh, brother of Puran Singh and the present plaintiffs, which is pending consideration in RSA No. 1681 of 1997. Both the learned counsel for the parties have accepted the fact that the subject matter of the property in the aforesaid appeal is distinct and separate from the property in dispute in the present proceedings.