This oral judgment disposed of a petition where the petitioners' request to join investigation was admitted via an earlier order made absolute, following the recovery of documents.
Order dated 11.5.2011 made absolute; petition disposed of.
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In the Punjab and Haryana High Court, at Chandigarh.
CRM-M- 12687 of 2011 Decided on Aug 19,2011
Balbir Singh and another --Petitioners
vs.
State of Punjab --Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.Kanwaljit Singh,Sr.Advocate, with Mr.Siddharth Gupta,Advocate,for the petitioners
Mr.A.S.Rai,DAG,Punjab
Rakesh Kumar Jain,J:(Oral)
Learned counsel for the petitioners, inter-alia, contends that one
Kaka Singh had wife Nihal Kaur and six children (including five daughters and one son). He died intestate leaving behind around 21 bighas of land which was equally distributed in 7 shares (2 bighas 19 biswas 15 biswasis) amongst his heirs. Nihal Kaur, mother of petitioner had also succeeded to 1/7h share but died on 22.10.1987. Thereafter, petitioner No.1 entered into an agreement to sell with petitioner No.2 on 2.8.2006 of 2 bighas 10 biswas of land but did not honour his commitment. Ultimately, a civil suit for specific performance was filed by the vendee (petitioner No.2) which was decreed on 1.4.2008 and sale deed was executed on 16.9.2009 with the intervention of the Court. On 6.11.2009 the complainant (Ranjit Kaur) got a mutation of the share of her mother Nihal Kaur, registered on the basis of a Will dated 25.5.1987 allegedly executed in her favour, but the said Will was challenged by Balbir Singh (petitioner No.1) by way of a
CRM-M-12687 of 2011 -2-
suit filed for declaration on 5.8.2010 against Ranjit Kaur (complainant) and others claiming their shares in the said land. The said Will is already sub judice before the Civil Court much prior to the registration of the present case.
Learned counsel submits that the petitioners have joined the investigation in terms of the order passed by this Court on 11.5.2011. This fact is admitted by the learned State counsel, on instructions received from ASI Hakam Singh, who further states that recovery of all the documents has already been effected.
In view thereof, the order dated 11.5.2011 is hereby made absolute subject to the conditions already contained therein.
Petition is disposed of.
(Rakesh Kumar Jain) Judge
August 19,2011 RR
Balbir Singh
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
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