M.Y.EQBAL, S.S.NIJJAR
Harnek Singh – Appellant
Versus
Pritam Singh – Respondent
Judgment :-
M.Y. Eqbal, J.
Leave granted.
2. The plaintiff-appellant assailed the common judgment and order dated 11.05.2009 passed in RSA Nos.122/2008 and 123/2008 whereby the learned Single Judge dismissed both the appeals and affirmed the order passed by the lower appellate court.
3. The facts leading to these appeals may be summarized thus:-
4. The plaintiff (appellant herein) filed a suit being Title Suit No. 80/1985 on 23.04.1985 for declaration that the gift deed dated 28.02.1985 registered on 22.03.1985 alleged to have been executed by defendant No.1 Sarup Singh (since deceased) in favour of defendant Nos. 2 and 3, Pritam Singh and Surjan Singh, in respect of the suit land is illegal, void, ineffective and is to be set aside. A decree for permanent injunction was also sought for restraining defendant No.1 Sarup Singh (now deceased) from alienating the land fully described in the schedule of the plaint. The plaintiff filed the said suit with the averments that he is the adopted son of Sarup Singh alias Sarupa (now deceased) (defendant No.1 in the original suit). The plaintiff’s case is that Sarup Singh and his wife Prem Kaur (now both deceased) had no child and were issueless. T
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