DARSHAN KAUR Vs. DILAWAR SINGH

JUDGEMENT

(1.) The Regular Second Appeal No.1054 of 2008 has been preferred against the impugned Judgment and Decree passed by the Ld. Addl. District Judge, Jalandhar in R.C.A. No.166 of 2006 dated 22.10.2007, vide which the original Judgment & Decree passed by the Ld. Addl. Civil Judge (Senior Division) Phillaur in Civil Suit No.819 of 2003 dated 05.09.2006 in favour of the present Appellants/Plaintiffs were upheld. Another RSA No.80 of 2010 has also been filed against the impugned Judgment and Decree passed by the Ld. Additional District Judge, Jalandhar in RBT RCA No.149 of 2008 dated 27.07.2009, whereby the original Judgment & Decree passed by the Ld. Civil Judge (Junior Division), Phillaur in Civil Suit No.593 of 2004 dated 04.04.2006 in favour of the present Appellants/Defendants were modified.

(2.) These two Appeals were heard by this Court together, since the contesting parties involved in both are by and large the same and the decision on merits in RSA No.80 of 2010 would be vital for determining the fate of RSA No.1054 of 2008. Consequently, the said Appeal, which although is latter in point of time, is taken up for consideration first, as its decision will govern outcome of the other Appeal.

(3.) The Appellants in this case are the Legal Representatives of deceased Gurmail Ram, who was added as Defendant No.7 in Civil Suit No.593 of 2004 filed by the present Respondent No.1 Mohinder Singh against Respondent Nos.2 to 4, and Resham Singh, son of Joginder Singh (original Defendant No.5/Predecessor-in-interest of present Respondent Nos.5 & 6) and Joginder Singh & Balwant Singh-original Respondent Nos.7 and 8 (since deceased), who were arraigned as Defendant Nos.1 to 6 in the original Suit.