IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.100 of 2006 Reserved on : 29.09.2025 Date of Decision: 05.12. 2025 Dalbir Kaur and another ...Appellants Versus Kashmir Kaur and another ...Respondents CORAM:- HON'BLE MS. JUSTICE RAMESH KUMARI Present:- Mr. Sudeep Mahajan, Advocate for the appellants.

None for the respondents.

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RAMESH KUMARI, J.

1. The instant regular second appeal has been filed against the judgment and decree dated 24.08.2005 passed by the Addl. District Judge, Amritsar, whereby, the first appeal filed by the appellants-defendants (hereinafter referred to as defendants) against the judgment and decree dated 10.03.2004 passed by the Addl. Civil Judge (Sr. Divn.) Amritsar, decreeing the suit of the respondents-plaintiffs (hereinafter referred to as plaintiffs), has been dismissed.

2. In brief, the facts are that the plaintiffs filed a civil suit for declaration and permanent injunction (as detailed in the head note of the plaint) alleging therein that Dalip Singh son of Jagat Singh, predecessor-in- interest of plaintiffs and defendants, resident of Village Sanghana, Tehsil and District Amritsar, during his life time executed a Will dated 09.11.1992, Ex.PW3/1 in respect of land measuring 27 kanals 2 marlas along with other land. The land measuring 27 kanals 2 marlas was on lease with him on the basis of lease deed dated 21.08.1964, Ex.PW2/1 executed by Shri Tara Singh @ Kartar Singh son of Udham Singh for a period of 98 years. After the death of Dalip Singh and Jagir Singh, the plaintiffs are in actual possession of 27 kanals 2 marlas of land. It was alleged that in the Will Ex.PW3/1 in question, Dalip Singh has specifically mentioned that Jagir Singh shall remain in possession of 27 kanals 2 marlas of the land, which he had on lease, besides 79 kanals 4 marlas of land situated at Village Sanghana, Tehsil and District Amritsar. It is also mentioned in the Will, Ex.PW3/1 that Manbir Singh grand son of Dalip Singh shall be owner of 86 kanals 3 marlas of land situated at Village Sanghana.

3. It was further alleged that Smt. Gurdip Kaur wife of late S. Dalip Singh of Village Sanghana was the owner of the land measuring 20 kilas 7 marlas land situated at Village Sanghana. During life time of Dalip Singh and at the instance of Dalip Singh, Smt. Gurdip Kaur executed a Will dated 09.11.1992, in favour of defendant No.2. This land was bequeathed by her at the instance of Dalip Singh simply to compensate defendant No.2 in lieu of land measuring 27 kanals 2 marlas covered by the lease deed, which is in possession of plaintiffs being successor-in-interest of late Shri Jagir Singh. It was further stated that real owner Tara Singh @ Kartar Singh son of Udham Singh from whom Dalip Singh had taken the land on lease, also executed a registered sale deed dated 11.09.1964, Ex.PW2/4 in respect of 27 kanals 2 marlas in favour of Bakshish Singh son of Dalip Singh and Jagir Singh in equal shares and while executing the sale deed Ex.PW2/4, recital was made in it that the rights of the lease deed had been kept reserved and safe in favour of Dalip Singh. The term of lease deed Ex.PW2/4 has to expire on 20.08.2063. The defendants, who are successors of Bakshish Singh are threatening to take forcible possession of said 27 kanals 2 marlas on the basis of partition proceedings initiated by them in the court of ACI Amritsar. The defendants have no right to pursue the said proceedings as by virtue of Will Ex.PW3/1, the defendants have no right in the said 27 kanals 2 marlas of land of Village Khaper Kheri which is in the exclusive ownership and possession of plaintiffs. The defendants are threatening to take forcible possession of the land taking benefit of the mutation with respect to the sale deed dated 11.09.1964, Ex.PW2/4 in which they do not have any right, title or interest. Therefore, it was prayed that the suit be decreed as prayed for.

4. Upon notice, the defendants appeared and filed their written by tak