GURMINDER KAUR Vs. MOHINDER PAL SINGH AND OTHERS

JUDGEMENT

(1.) Appellant arrayed as defendant no. 15 before the learned trial Court has filed this appeal being aggrieved of judgment and decree dtd. 27/4/2015, passed by the learned Addl. Civil Judge (Sr. Division), Moga, as well as judgment and decree dtd. 18/11/2017, passed by the learned Additional District Judge, Moga, whereby suit for declaration filed by the plaintiffs-respondents has been decreed.

(2.) Brief facts necessary for the adjudication of the case are that plaintiffs-respondents Mohinder Paul Singh and Kuldip Singh (arrayed as respondents no.l and 2 in this appeal) filed a suit for declaration to the effect that they are owners of the land as described in the plaint to the extent of 1/ 3rd share and that mutation of succession of Mahan Singh son of Chanda Singh has been wrongly sanctioned in favour of defendant no.l-Gurdial Singh as well as a declaration that order dtd. 22/6/2007 passed by the District Collector, Moga, sanctioning the Fard Badar No. 3 on an application of defendant-Gurdial Singh, is illegal, ineffective, null and void qua the rights of the plaintiffs. Further relief of permanent injunction for restraining defendants no.l, 3 and 15 from taking forcible possession of the land or interfering in their peaceful possession was sought. It is pleaded that the suit property was originally owned by the predecessor-in-interest of the plaintiffs, namely Chanda Singh and his father Sahib Singh. Chanda Singh had four sons namely Sawan Singh, Mahan Singh, Hazara Singh and Nikka Singh. Nikka Singh was unmarried and issueless and he adopted defendant no.l-Gurdial Singh s/o Mahan Singh during his childhood. Sawan Singh also died issueless. Gurdial Singh was reared by Nikka Singh as his son. Thereafter, a registered adoption deed was executed on 20/6/1946 by Nikka Singh, formally adopting Gurdial Singh. Mahan Singh was survived by his three sons namely Puran Singh, Sant Singh @ Sangat Singh and Gurdial Singh-defendant no.l. It is further pleaded that once Gurdial Singh was adopted by Nikka Singh, estate of Mahan Singh was to devolve only upon his two other sons namely Puran Singh and Sant Singh @ Sangat Singh. Defendant no.l-Gurdial Singh was thus wrongly projected as owner of 1/12 share out of 1/ 4th share of Mahan Singh. Plaintiffs are sons of Sant Singh @ Sangat Singh son of Mahan Singh. Sawan Singh died issueless. He was survived by his widow Mahan Kaur. When Mahan Kaur died, plaintiffs, it is pleaded inherited the estate of Sawan Singh through Mahan Kaur and their share increased to 1/ 4 + 1/12 i.e., 1/ 3rd share in the suit property. Nikka Singh sold 2 Kanal 2 Marias of land vide sale deed dated 06.121960. Gurdial Singh sold 15 Kanal 15 Marias of land to defendants no.11 to 13. Gurdial Singh further sold land measuring 22 Kanals 5 Marias to Gurminder Kaur (present appellant-defendant no. 15) vide sale deed dtd. 3/1/2005. Plaintiff-Kuldip Singh moved an application for partition, which was sanctioned on 15/3/2002. On an application moved by defendant no.l-Gurdial Singh, Fard Badar No. 3 (correction in revenue records) was prepared and incorporated in the revenue record vide which legitimate share of the plaintiffs in the suit property was diminished. Defendants, it is submitted tried to interfere in the peaceful possession of the plaintiffs on the basis of the said Fard Badar. Accordingly, suit was filed.

(3.) Defendant nos.l, 2 and 15 (present appellant), filed joint written statement. Relationship between the parties was admitted. However, it was denied that the plaintiffs were entitled to the relief claimed for. It is stated that Nikka Singh had adopted Gurdial Singh in the year 1946, whereas Mahan Singh had died prior thereto. Therefore, Gurdial Singh was entitled to inherit the estate of Mahan Singh along with his other brothers. All the averments in the plaint were denied. Dismissal of the suit was prayed for.