SARABJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, four above titled petitions are being disposed of as similar facts are involved therein. For brevity, the facts are being extracted from CRM-M Nos. 10072-39950/-2012 and CRM-M-22991- 2016.

(2.) Briefly, petitioner No. 1-Sarabjit Kaur @ Paramjit Kaur was married to Paramjit Singh @ Karamjit Singh, who died on 22/10/2008. Consequently, mutation No. 135 dtd. 11/12/2018, qua inheritance of his property was sanctioned by the revenue authorities in favour of Sarabjit Kaur @ Paramjit Kaur, as his widow, inasmuch as, Paramjit Singh @ Karamjit Singh, had left with no other legal heir. Brother of Paramjit Singh @ Karamjit Singh, namely; Baljit Singh (respondent No. 2 in all cases) through his minor daughter, namely; Miss Anmol, aged around 5 years got challenged the said mutation sanctioned in favour of Sarabjit Kaur @ Paramjit Kaur, by filing appeal claiming her to be the adopted daughter of Paramjit Singh @ Karamjit Singh, on the basis of one insurance policy dtd. 28/12/2008, wherein she was nominated as nominee. Since, there was no adoption deed registered or otherwise in favour of Miss Anmol, therefore, learned Assistant Collector Ist Grade, dismissed her first appeal vide order dtd. 15/10/2009 (Annexure P-2. Still, Miss Anmol and her father-Baljit Singh, did not remain silent and further preferred revision challenging the aforesaid mutation and order dismissing the appeal, after nine months before the Commissioner, Patiala Division, Patiala, which too was dismissed in default on 15/9/2011. Simultaneously, Baljit Singh as natural father and guardian of Miss Anmol, filed a civil suit for declaration and permanent injunction titled as 'Miss Anmol and others Vs. Sarabjit Kaur and others', wherein upon notice, Sarabjit Kaur @ Paramjit Kaur, filed counter-claim. The said civil suit was also finally dismissed vide judgment and decree dtd. 30/11/2015 (Annexure P-11 in CRM-1875-2016 in. The trial Court negated the plea of adoption of Miss Anmol by late Paramjit Singh @ Karamjit Singh. The things did not rest here, Baljit Singh, further approached the Ist Appellate court, against the aforesaid judgment and decree dtd. 30/11/2015, but remained un-successful, inasmuch as, according to learned counsel for the petitioners, his appeal too was dismissed. Therefore, Baljit Singh, had lost his battle on civil side, claiming his daughter as adopted daughter of late Paramjit Singh @ Karamjit Singh or that she was entitled to half share in the property left by him.

(3.) On 18/4/2011, Sarabjit Kaur @ Paramjit Kaur, with the help of other petitioners in connected petitions, out of whom some are revenue officials, besides, purchasers and attesting witnesses, sold some land of her late husband, Paramjit Singh @ Karamjit Singh to Surinder Singh, Gurmeet Singh and Randhir Singh sons of Jagir Singh (petitioners No. 1 to 3 in CRM-M-39950/-2012). Still, Baljit Singh, having an evil eye on the property of his deceased brother and to grab the same, with mala fide intention lodged FIR No. 81 dtd. 31/5/2011 (Annexure P-1 in CRM-M Nos. 10072, 39950 and 16064-2012) under Ss. 419, 420 and 120/-B IPC, Police Station Julkan, District Patiala, against all the petitioners therein, who were either revenue officials, attesting witnesses and purchasers of land in question. The vendees of Sarabjit Kaur @ Paramjit Kaur, namely; Surinder Singh, Gurmeet Singh and Randhr Singh, further sold the land to Harbilas Singh, Harbans Singh, Gurmail Singh, sons of Balwant Singh, Manjit Singh and Baljit Singh, sons of Harkesh Singh. Consequently, FIR No. 105 dtd. 26/7/2014 (Annexure P-1 in CRM-M- 22991-2016) under Ss. 420, 467, 468, 471 and 120/-B IPC at Police Station Julkan, District Patiala, was registered against the petitioners, for the sale of same land including all rights appurtenance thereof.