LABH SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing No.2046 of 1988 and 2597 of 1989 as the common questions of law and fact are involved.

(2.) RSA No.2046 of 1988 is arising out of Civil Suit No.65-T of 1985 titled as "Labh Singh and another Versus Sukhdev Singh and others" (hereinafter called "Suit No.1"), wherein plaintiffs have been accorded declaration to be joint owners in possession and as well as use and occupation of the suit land rendering the decree dtd. 16/4/1971 in Civil Suit No.183 of 1971 as illegal, null and void by injuncting the defendants from alienating the suit property.

(3.) RSA No.2597 of 1989 has arisen out of decision of Civil Suit No.30 of 1984 titled as "Ujjagar Singh and another Versus Labh Singh and others" (hereinafter referred to as "Suit No.2"), wherein both the parties to the lis propounded the Wills of Raunqi, whereas the Will dtd. 22/12/1969 propounded by the plaintiffs and defendant Nos.1 to 5 held to be valid and Will dtd. 12/3/1983 propounded by defendant No.3 was found to be surrounded by suspicious circumstances resulting into decretal of the suit in favour of the plaintiffs. Appeal filed by the defendants was also dismissed.