Dalip Singh and another vs State of Punjab and others

Satish Kumar Mittal, J.—This Letters Patent Appeal has been filed by Dalip Singh and Bachan Kaur, who claim to be the legal representatives of Smt. Kartar Kaur, who in turn was legal heir of one Bawa Singh, against the judgment dated September 08, 2010 passed by the learned Single Judge in CWP No. 1750 of 1985, wherein it has been observed that the appellants have not prima-facie established their relationship with Smt. Kartar Kaur and Bawa Singh, therefore, the land in question cannot be said to have devolved upon them.

Though this appeal is barred by limitation, and along with the appeal, the appellants have filed CM Nos.655 & 653 of 2012 for condonation of delay of 373 days in filing and 65 days in re-filing the appeal, however, without taking the said delay into consideration, we have heard the learned counsel for the appellants on merits and gone through the impugned order passed by the learned Single Judge.

It is admitted position that no ejectment order was passed against Bawa Singh. The ejectment order was passed against Baldev Singh, Kanwaljit Singh sons of Dalip Singh and Dalip Singh son of Mangal Singh.

In view of the aforesaid factual position, learned counsel for the appellants states that the appellants may be permitted to withdraw this appeal with liberty to file title suit before the appropriate Court/authority pointing out that their predecessors were the owners of the land in question and being their legal heirs, i.e. Smt. Kartar Kaur and Bawa Singh, they are entitled to be declared as owners in possession of the said land.

Dismissed as withdrawn with the aforesaid liberty.