Varinderjit Singh vs Jasbir Singh And Another

Anupinder Singh Grewal, J

Learned counsel for the petitioner submits that he is confining the prayer in the instant case to grant liberty to move an application for clubbing the two suits as these concern similar subject matter and cause of action. He further submits that the grandmother of the petitioner had executed a Will in his favour with regard to the suit land but later she is alleged to have executed another Will wherein the petitioner along with the respondent, who is his uncle, were given 50:50 share in the suit land. The mother of the petitioner on behalf of the petitioner, who was a minor, had filed a suit challenging the second Will executed by the grandmother but the same had been partly allowed on the basis of the second Will and the suit was decreed to the extent of 50% of the suit land. The petitioner upon attaining the age of majority had challenged the decree by preferring a suit and the respondent-Uncle has also filed a suit for declaration that mutation No.9042 be declared illegal as the entire land had been mutated in favour of the petitioner on the basis of the first Will. Both the suits could be tried together.

Consequently, the petition is disposed of with liberty to the petitioner to make an application for clubbing of the suits and in the event of the petitioner making an application, the same shall be considered and decided in accordance with law expeditiously.