NAURANG SINGH Vs. JASMER SINGH

JUDGEMENT

(1.) CM-10801-C-2018 This is an application for substituting the applicants as the appellants in the appeal. 1. During the pendency of this RSA, Naurang Singh/appellant executed sale deed on 14.08.2008 in favour of Major Singh son of Karnail Singh for the land measuring 39 Kanals 8 Marlas. The sale deed was challenged by respondents no. 1 and 2 in civil suit no. 882T on 06.11.2008 against Naurang Singh, respondent no. 4 and Major Singh. The appellant and respondent no. 4 were proceeded ex parte and only Major Singh had put in appearance. The suit was dismissed in default on 12.09.2013 and thereafter suit was restored on 21.12.2016. The suit was decreed exparte on 21.01.2017 and prior to decree of the suit, Major Singh sold entire share of 39 Kanals 8 Marlas to Smt. Jyoti wife of Dr. Sanjeev Kumar and to Gagandeep Singh son of S. Ajit Singh i.e. the applicants herein vide two

(2.) separate sale deeds, both dated 14.03.2011. The copies of sale deeds are annexed as Annexure P/1. The applicants being bonafide purchaser have a right to contest this appeal now. Application is allowed and the amended memo of parties is taken on record.

(3.) RSA-2169-2005 The present appeal has been filed by Naurang Singh-defendant against the judgment of the trial Court dated 27.04.2002 and lower appellate court dated 09.12.2003 whereby suit of the plaintiff for declaration and permanent injunction is partly decreed for declaration to the extent that plaintiffs (excluding plaintiffs no. 3 to 5) and defendants are joint owners in possession of property in dispute as detailed in the head note of the plaint except khasra no. 9//14 (7-4) with the defendants being co-parceners.