AJAYPAL SINGH & ORS. Vs. SHAMSHER SINGH

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure is to the impugned judgment and decree dated 31st January, 2011 passed by the Trial Court. By the said impugned judgment and decree the Trial Court has dismissed the suit for declaration and possession filed by the appellants/plaintiffs with respect to the suit property being house No. 127, Zamrud Pur Village, New Delhi. The suit property is built on a plot of 133 sq. yards.

(2.) THE brief facts of the case are that the appellants/plaintiffs claimed to be the owners of the suit property and thus prayed for a declaration to that effect. In the plaint it was stated that the documents executed by their father late Shri Shanti Swarup in favour of the original defendant Shri Shamsher Singh were forged and fabricated documents and which be declared to be of no effect. The case of the plaintiffs was that the suit property is an ancestral property and their father was not the sole owner of the said property and hence could not transfer the same to the original defendant, now represented by his legal heirs/respondents.

(3.) AFTER completion of pleadings, following issues were framed by the Trial Court: -