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Joginder Singh and others

...Appellants

Versus

Dalip Singh and others

...Respondents

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Present:

Mr. Mohinder Singh Joshi and

Mr. A.S. Gill, Advocates

for the appellants.

Mr. Kanwaljit Singh, Sr. Advocate with

Mr. Sudhir Paruthi, Advocate

for respondent No.6.

Mr. J.R. Mittal, Sr. Advocate with

Mr. Kashmir Singh and

Mr. G.S. Nagra, Advocates

for respondents No.25, 27 to 29 and 31.

,- ./

1.

Suit was filed by appellant No.1, Sohna Mal, predecessor

of appellants No.2 to 6, appellants No.7 to 10 and proforma

respondents No.34 and 35 against rest of the respondents and their

predecessors for declaration that they are owners in possession of

the land measuring 117 kanals 8 marlas as fully detailed in head note

of plaint with consequential relief of permanent injunction.

SURESH KUMAR

2014.11.14 17:26

I attest to the accuracy and

authenticity of this document

Chandigarh

(

2.

The version of the plaintiffs was that appellant No.1,

Sohna Mal predecessor of respondents No.14 to 17, Gurbachan

Singh, defendant No.163respondent No.23, defendants No.2 to 43

respondents No.5 to 7 being heirs of Sardara Singh, Barkat Ram

predecessor of defendants No.5 to 73respondents No.8 to 11,

defendants No.10 to 153respondents No.18 to 22 the heirs of

Mehanga Singh, were the legal heirs of Smt. Lachhmi @ Taban wife

of late Ganda Mal. The above named persons had executed a

General Power of Attorney dated 28.02.1963 in favour of Ralla Singh3

defendant No.17 for allotment of land left by Smt. Lachhmi in Chak

No.225, Rakh Barar Tehsil Lyalpur and the land in Kotlichan now in

Pakistan. The attorney holders were not authorised to alienate the

allotted land in any manner. It was stated that Barkat Ram, Sardara

Singh and Mehanga Singh three of the executants of Power of

Attorney had died in the year 1969, 1973 and 1977, respectively.

Defendant No.18 started claiming that defendant No.17, Ralla Singh

(deceased) has sold to him 75 Kanals 3 Marlas of the land situated

in revenue estate of village Kamoalpur and ½ share in the land

measuring 260 Kanals 5 Marlas to him vide sale deed dated

30.7.1976 on the strength of Power of Attorney dated 28.02.1963.

3.

The suit was partially decreed and it was held that the

plaintiffs are entitled to have joint possession of 14/60^th share of the

suit land with defendants as 4/60 to the branch of Santa Singh

representing 1/60; Joginder Singh, 1/60; Joginder Kaur, 1/60;

Mohinder Kaur and 1/60; Samitter Kaur; 1/12^th share going to branch

SURESH KUMAR

2014.11.14 17:26

I attest to the accuracy and

authenticity of this document

Chandigarh

0

of Sardara Singh, 1/12^th share going to the branch of Sohna Mal

(since deceased).

4.

Defendant No.17 was Ralla Singh son of Dit Mal who died

during pendency of the suit and his legal heirs respondents No.1 to 3

and respondent No.32 alongwith Amar Kaur wife of late Ralla Singh

alongwith defendant No.63respondent No.9 filed a joint written

statement to the claim of the plaintiffs. It was admitted that Sardara

Singh had died in the year 1973 and that Barkat Ram died in the year

1969 and Mehanga Singh in the year 1977. It was stated that

appellants have no right over the estate of Harnam Kaur who died in

the year 1960. Harnam Kaur is stated to have executed a will of her

estate on 12.7.1959 in favour of Ralla Singh defendant No.17 (since

deceased) in her sound disposing mind. Mutation of inheritance of

Harnam Kaur was also sanctioned in favour of Ralla Singh. It was

further pleaded that all t