CHARAN KAUR Vs. SANTOKH SINGH

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment and decree dtd. 3/1/2014 passed by Addl. District Judge, SBS Nagar by which judgment and decree dtd. 30/4/2011 passed by the trial Court, has been set aside and the case stands remanded to the trial Court.

(2.) Learned counsel for the appellant herein contends that a suit was filed by the plaintiff Piara Singh (subsequently represented through his legal heirs) seeking a declaration to the effect that plaintiff Piara Singh and defendant Nos. 3 to 10 are the joint owners in possession of the suit property as fully detailed in the head note of the plaint and as a consequential relief, a decree of permanent injunction was sought restraining defendant Nos. 1 and 2 from alienating any portion of suit property and further restraining them from interfering in the undisturbed possession of the suit land held by the plaintiff.

(3.) In brief, the case of the plaintiff-appellant ('the appellant' for short) is that Karam Singh was the original owner in possession of the suit property and the plaintiff Piara Singh, defendant Nos. 3, 4 and Charan Kaur were children out of wed lock with Inder Devi. Inder Devi predeceased him. Defendant - respondents Nos. 1 and 2 claimed to succeed the estate of Karam Singh claiming to be children born out of the wedlock of Bachni who was purported to have married Karam Singh. Defendant Nos. 1 and 2 claimed that Karam Singh had executed a Will dtd. 17/6/1974 in their favour and on its basis they were to succeed to the estate of Karam Singh. Notice of the suit was served upon the defendants and it is only defendant Nos. 1 and 2 (sons born out of the alleged marriage between Karam Singh and Bachni) who contested the claim of the plaintiff and took the preliminary objection that the plaintiff -appellant is not in possession of the suit land. It was also alleged that plaintiff has not approached the Court with clean hands since the plaintiff had himself got mutation sanctioned regarding the land of Karam Singh in favour of the defendants on the basis of the registered Will dtd. 17/6/1974.