PARAMJIT SINGH Vs. RAJWINDER SINGH

JUDGEMENT

(1.) This order will dispose of RSA Nos. 4143 and 4550 of 2012 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No. 4143 of 2012.

(2.) The present appeal directs challenge against judgment and decree dtd. 23/12/2011 passed by the Additional District Judge, Sangrur whereby appeal against judgment and decree dtd. 20/8/2008 passed by the Court of Civil Judge (Senior Division), Sangrur (hereinafter referred to as 'the trial court') and cross objection No. 311A dtd. 17/11/2008 were decided, appeal filed by the plaintiffs-respondents No. 1 to 3 was partly allowed and cross objections preferred by defendants No. 1 to 4 (appellant and respondents No. 4 to 6) were dismissed.

(3.) The facts relevant for disposal of present appeal are that respondents No. 1 to 3/plaintiffs claimed declaration, permanent injunction and joint possession to the extent of 8/21 share of respondents No. 1 and 2 and 1/42 share of respondent No. 3 in land, detailed in head note of the plaint on the premise that suit land is joint Hindu family property of Jeon Singh with whom Surjit Kaur, their mother contracted marriage and the respondents were born out of conjugal relationship between Surjit Kaur and Jeon Singh. It is averred that Parsin Kaur respondent No. 6 is the widow of Jeon Singh and out of her wedlock with Jeon Singh, appellant and respondents No. 4 and 5 were born. Parsin Kaur and her children did not have cordial relations with Jeon Singh as Parsin Kaur was keeping family affairs tense. They challenged sale deed No. 1494 dtd. 16/1/986 executed by Jeon Singh in favour of defendants No. 1 to 3 in respect of land measuring 12 kanals on the premise that Jeon Singh had no legal necessity to sell the property. They further challenged sale deed No. 1513 dtd. 11/11/1997 in respect of land measuring 9 kanal 4 marlas executed by defendants No. 1 to 4 in favour of defendants No. 5 to 7 and mutation No. 11503 sanctioned on the basis thereof. It is alleged that suit property measuring 51 kanals 7 marlas is joint Hindu family coparcenary property of plaintiffs No. 1 and 2, defendants No. 1 to 3 and they have birth right in the same. Plaintiffs No. 1 and 2 have 1/3rd share in the suit property, defendants No. 1 to 3 have 1/2 share and Jeon Singh had 1/6th share. After death of Jeon Singh, plaintiffs and defendant No. 1 to 4 have 1/42 share each in that property.