TaxTMI 
TaxTMI 
2015 (9) TMI 1761
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....sion of the suit land, fully detailed in headnote of plaint, being sole surviving legal heirs of deceased Rajeev Inder Singh @ Pawandeep Singh over the disputed property situated at village Nasirpur, Bir Bahadurgarh, Tehsil and District Patiala and at village Sultanwind, District Amritsar. Further declaration was sought that the gift deeds, wills, transfer deeds, civil court decrees, mutations etc. sanctioned in favour of defendants regarding the estate of Basant Kaur and Sikandar Singh are illegal, null and void, without consideration and without legal necessity and are liable to be set aside and the revenue entries in the name of the defendants to the exclusion of the rights of the plaintiffs in the suit properties are also illegal and are liable to be corrected. Permanent injunction was also sought for restraining the defendants from alienating, transferring, mortgaging or creating any charge etc. over the suit properties and from dispossessing the plaintiffs from exclusive possession over the disputed properties and also the residential house/farm house including adjoining infrastructure shown in the attached site plan. 3. The plaintiffs claim that they are the members of Jo....
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....Sultanwind, Tehsil and District Amritsar, were transferred in the name of Surinder Kaur on the basis of forged and fabricated Will dated 14.11.1999. The land in village Nasirpur was transferred in the name of Selina by Surinder Kaur, vide gift deed No. 417, dated 2.5.1972. Dhaninder Kaur also transferred her land in favour of Poonam and Selina by way of succession in the year 1979. Selina and Poonam had no right in the suit property as they were already adopted by Saranjit Singh and Harmohinder Singh, vide registered adoption deeds dated 3.3.1972 and 7.2.1972. Surinder Kaur also got transferred some land through a civil court decree from Sikandar Singh on 30.8.1977 in her favour. The said property was coparcenary and ancestral property and Sikandar Singh could not suffer the said decree as it is illegal. All the transfers were made by defendants No. 1 to 6 to the exclusion of the rights of Rajeev Inder Singh @ Pawandeep Singh. It is further alleged that Surinder Kaur got prepared a forged and fabricated Will of Parkash Kaur. The plaintiff alongwith minor children is residing in a farm house known as Nasirpur Farm at Patiala. Plaintiffs claim that they are in possession of the dispu....
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....n of suit land since the doctrine of lis pendens will apply. 7. I have heard the learned senior counsel for the parties and have also carefully gone through the file. 8. Admittedly, the plaintiffs have challenged the gift deeds, transfer deeds and wills etc. from 1958 onwards. The plaintiffs No. 1 to 3 are minors. They are two sons and a daughter of Rajeev Inder Singh @ Pawandeep Singh, who is now dead. Their claim is that the suit property was allotted in lieu of the land left by their ancestor Jagat Singh in Pakistan. Following pedigree table has been set up in the plaint :- 9. Learned senior counsel for the revisionists has argued that in this case, the learned Civil Judge (Junior Division), Patiala, has passed a detailed order running into 42 pages, wherein infact the findings have been recorded on merits as if the suit is being decided after recording the evidence. It has been argued that the approach of the learned Civil Judge (Junior Division), Patiala, is erroneous. Recording the findings at this stage would adversely affect the case of the either party. The learned Civil Judge (Junior Division), Patiala, has also reproduced the transactions between the parties, wh....
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.... application for correction of khasra girdawaris in the disputed land, it would be unjust to record the findings as to who is prima-facie in the possession of the disputed property. The learned senior counsel for the revisionists has argued that all these transfers were made in order to avoid the losing of the land due to the tenancy law and the Land Ceiling Act. Some transfers were made by Sikandar Singh in favour of his father-in-law and mother-in-law. Even Selina and Poonam were given in adoption to save the land. All these matters are to be examined during trial. Therefore, at this stage, no findings can be recorded nor the allegations and counter allegations can be controverted. The first appellate Court has declined the relief on the ground that 'regarding possession of agriculture land and also regarding alienation of suit land, the doctrine of lis pendens will apply.' 12. I am of the view that the doctrine of lis pendens is no substitute for the expressed order. In these circumstances, it is ordered that the parties shall maintain status quo regarding the possession over the disputed land till the disposal of suit. However, either party can adopt due course of la....