JUDGMENT :

YASHVIR SINGH RATHOR, J. 

1. This Regular Second Appeal is directed against the judgment and decree dated 08.09.2021 passed by the Court of learned Additional District Judge, Patiala, whereby the appeal filed against the judgment and decree dated 14.09.2017 passed by learned Civil Judge (Junior Division), Patiala in civil suit bearing No.207T of 2011, whereby the suit for declaration and permanent injunction filed by the plaintiff Gursewak Singh (since deceased) was dismissed, has been dismissed.

2. I have heard learned counsel for the appellants and have gone through the material on record.

3. As per version of plaintiff-Gursewak Singh, late Smt. Piaro had executed a Will dated 02.01.1995 in his favour bequeathing the suit property and on the basis of said Will, he claimed to be owner of the suit property. However, said Smt. Piaro had sold the suit property comprising 14 bighas of land in Khewat No.1, Khatoni No.5, Khasra No.16(5-18), 17(5-1) and 20(3-1), situated at village Marrupur, District Patiala, vide sale deed dated 18.03.1998 in favour of Pal Singh @ Pala. Besides this, said Pal Singh @ Pala, in his capacity as General Power of Attorney holder of Smt. Piaro, sold the remaining land comprising Khewat No.1, Khatoni No.6, Khasra Nos.18(6-5), 19(6-5), 21 min(1-11) vide sale deed dated 20.04.1998 in favour of Karnail Singh. Subsequently, Pal Singh @ Pala executed sale deed dated 10.05.2005 in respect of 14 bighas of land in Khewat No.1, Khatoni No.5, Khasra Nos.16(5-18), 17(5-1) and 20(3- 1) in favour of Mohinder Singh, Joginder Singh, Sukhdev Singh and Amarjit Singh. Similarly, Karnail Singh executed sale deed dated 10.05.2005 in respect of 12 bighas of land in Khewat No.1, Khatoni No.6, Khasra Nos.18(6-5), 19(6-5) and 21 min (1-11) in favour of Mohinder Singh, Joginder Singh, Sukhdev Singh and Amarjit Singh. Thereafter, Mohinder Singh, Joginder Singh, Sukhdev Singh and Amarjit Singh executed sale deeds dated 10.05.2006 and 10.08.2011 in respect of 14 bighas of land in Khewat No.1/1, Khatoni No.5, Khasra Nos.16(5-18), 17(5-1) and 30(3-1) and 14 bighas 1 biswa of land in Khatoni No.6, Khasra Nos.18(6-5), 19(6-5) and 21/1/1 (1-11), out of which 240/281 share, i.e. 12 bighas of land, was transferred in favour of Gursewak Singh and Jagdev Singh. Plaintiff claimed that all these sale deeds are illegal, null and void.

4. From the pleadings of the parties, following issues were framed by the learned trial Court:-

1. Whether the plaintiff is entitled to relief of declaration as prayed for? OPP

2. Whether the Will dated 02.01.1995 has been executed by late Piaro in favour of plaintiff? OPP

3. Whether the plaintiff is entitled to consequential relief of possession, as prayed for? OPP

4. Whether the sale deed dated 18.03.1998 executed by Piaro in favour of Pal Singh is illegal, null and void, as prayed for? OPP

5. Whether the sale deed dated 20.04.1998 executed by Pal Singh as general power of attorney of Piaro in favour of Karnail Singh is illegal, null and void, as prayed for? OPP

6. Whether the sale deed dated 10.05 2005 executed by Pala Singh in favour of Mohinder Singh, Joginder Singh, Sukhdev Singh and Amarjit Singh is illegal. null and void, as prayed for? OPP

7. Whether the sale deed dated 10.05.2005 executed by Karnail Singh in favour of Mohinder Singh, loginder Singh, Sukhdev Singh and Amarjit Singh is illegal, null and void, as prayed for? OPP

8. Whether the sale deed dated 10.08.2011 executed by Mohinder Singh. Joginder Singh. Sukhdev Singh and Amarjit Singh in favour of Gursewak Singh and Jagdev Singh is illegal, null and void, as prayed for? OPP

9. Whether the plaintiff is entitled to relief of permanent injunction, as prayed for?OPP

10. Whether the suit is not maintainable in the present form? OPD

11. Whether the plaintiff has no locus-standi to file the present suit? OPD

12. Whether the suit if barred under section 11 CPC? OPD

13. Whether the ad valorem court fee has not been affixed on the plaint, if so its effect?OPD

14. R