SARDOOL SINGH Vs. SURJEET SINGH

JUDGEMENT

(1.) This appeal is preferred by the appellants against the judgment and decree dated 30.09.2014 passed by the learned Additional District Judge- VI, South District, Saket Courts, New Delhi (hereinafter referred as the learned 'Trial Court') in CS No.242/2014 whereby the suit for declaration, eviction, possession, perpetual/permanent injunction and mesne profits to the tune of Rs.25,000/- with interest filed by appellants against respondents was dismissed post trial.

(2.) The brief facts as alleged by the appellants are in the year 1954 a property bearing No.Q-22, Jungpura Extension, New Delhi was allotted in the name of Hukum Singh, under the rehabilitation scheme, after the partition of the Country. It was alleged Hukum Singh was the principal purchaser /lessee of the Government of India and he partitioned the property in two portions i.e. Q22A and Q22B, and gave portion Q-22B to his brother Harnam Singh - under a family arrangement. The pedigree of the both the brothers; Harnam Singh and Hukum Singh is as under:-

(3.) It is alleged Smt.Angoor Kaur died intestate and issueless as such the property devolved upon her legal heirs viz Smt.Ram Kaur, Smt.Jeet Kaur (sisters) and Sh.Sardool Singh and Harjeet Singh, the appellants herein and after her death they came in the possession of the whole property bearing No.Q-22, Jungpura Extension, New Delhi. It is alleged in the year 1995 both the sisters namely Smt.Ram Kaur and Smt.Jeet Kaur had relinquished their shares in property bearing No.Q-22A in favour of their brothers namely Sardool Singh and Harjeet Singh and on 23.06.2009 i.e. after the death of Smt.Angoor Kaur, a family settlement was entered into between these brothers and sisters and the sisters rather had relinquished their shares in property No.Q-22B in favour of their brothers viz appellants herein. Hence, the entire property is thus owned by the appellants.