IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1168-1989 Reserved on : 03.11.2025 Pronounced on : 27.01.2026

1. RSA-1491-1988 RANDHIR SINGH (SINCE DECEASED) THROUGH LRS ....Appellant Versus JAGDISH AND ANOTHER ...Respondents

2. RSA-2180-1988 JAI SINGH AND ANOTHER ....Appellants Versus RANDHIR SINGH (SINCE DECEASED) THROUGH LRS ...Respondent

3. RSA-1168-1989 RANDHIR SINGH (SINCE DECEASED) THROUGH LRS ....Appellant Versus JAGDISH ...Respondent CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Rajinder Goel, Advocate for appellant in RSA-1491-1988.

Mr. J.S. Bhatia, Advocate for appellant in RSA-1168-1989.

Mr. Ashish Aggarwal, Senior Advocate with Mr. Saket Bhandari, Advocate and Mr. S.N. Pilania, Advocate for appellant in RSA-2180-1988.

Mr. Ashish Aggarwal, Senior Advocate with Mr. Saket Bhandari, Advocate and Mr. S.N. Pilania, Advocate for respondent in RSA-1491-1988 & RSA-1168-1989.

Mr. J.S. Bhatia, Advocate for respondent in RSA-2180-1989.

Parmod Goyal, J.

This judgment of mine shall decide three Regular Second Appeals pertaining to same property between the same set of parties. All the three appeals have arisen from suits preferred by plaintiff/Randhir Singh who is appellant in RSA No.1168 of 1989 and RSA No.1491 of 1988. Gist of all the three appeals is noted as under :-

2. RSA-2180-1988 has arisen from suit titled as ‘Randhir Singh Vs. Jai Singh’ decided vide judgment and decree dated 05.05.1987 passed by learned Addl. Senior Sub Judge, Panipat and judgment and decree dated 25.08.1988 passed by learned Additional District Judge, Karnal. Vide judgment and decree dated 05.05.1987 passed by Court of first instance suit of plaintiff was decreed and defendant was restrained from interfering in the peaceful possession of plaintiff Randhir Singh. Against said judgment and decree dated 05.05.1987 defendant Jai Singh (who is appellant in RSA- 2180-1988) along with subsequent purchaser to whom he had sold the suit land namely Jagdish had preferred first appeal. Order of learned Court of first instance dated 05.05.1987 was modified by learned First Appellate Court vide judgment and decree dated 25.08.1988. Possession of plaintiff Randhir Singh over suit land was held to be that of trespasser and defendant/appellant was restrained with liberty to seek dispossession of plaintiff in respect of 10 kanals and 9 marlas of suit land in accordance with law. Against judgment and decree dated 05.05.1987 and 25.08.1988 defendants Jai Singh and Jagdish have approached this Court vide RSA-

2180-1988.

3. RSA-1491-1988 has been preferred by plaintiff/appellant Randhir Singh being aggrieved by judgment and decree dated 28.10.1987, passed by learned Sub Judge, First Class, Panipat and judgment and decree dated 23.05.1988, passed by learned Additional District Judge, Karnal vide which suit for preemption as well as first appeal preferred by plaintiff/appellant against dismissal of suit were dismissed. The claim of plaintiff/appellant that he is entitled to preemption of sale executed by defendant Jai Singh in favour of respondent Jagdish was dismissed. Hence present RSA No.1491 of 1988 was filed by plaintiff/appellant.

4. RSA-1168-1989 has also been preferred by plaintiff/appellant Randhir Singh who is aggrieved by judgment and decree dated 24.10.1988, passed in first appeal preferred by defendant Jagdish passed by Court of learned Additional District Judge, Karnal vide which first appeal preferred by defendant was allowed and suit decreed vide judgment and decree dated 10.10.1988 was dismissed and judgment and decree dated 10.10.1988 was set aside. Vide judgment dated 10.10.1988, Court of first instance had found plaintiff entitled to protect his possession from unauthorized act of defendant. Defendant was restrained from interfering in possession of plaintiff except in due course of law. Accordingly, plaintiff/appellant has preferred RSA No.1168 of 1989.

5. Case of Randhir Singh in Civil Suit No.639/1983 titled ‘Randhir Singh Vs. Jai Singh’ appellan