SHER SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) BY this judgment, two appeals being RFA Nos. 601/2007 and 606/2007 are being disposed of. Both these appeals arise out of one impugned judgment and decree dated 17.8.2007 passed by the trial Court. RFA No. 601/2007 has been filed by the plaintiff, against the impugned judgment and decree, inasmuch as, the suit for declaration, injunction and possession was dismissed. RFA No. 606/2007 is filed by defendant No.8 in the suit, inasmuch as, the impugned judgment, although dismissed the suit, however, directed that the sale deed dated 24.6.1999, Ex.DW2/3, executed in favour of defendant No.8 by defendant No.1 be cancelled and defendant No.8 was restrained from parting with possession of the suit property.

(2.) THE facts of the case are that the subject suit for declaration, injunction and recovery of possession was filed by the plaintiff/appellant- Sh. Sher Singh against his father-Sh. Kanhiya Lal/defendant No.1 and his brothers and sisters who are impleaded as defendant Nos. 2-7 in the suit claiming rights as a co-owner in the property No. 1182 Deva Ram Park, Tri Nagar, Delhi. The case as set up in the plaint was that the suit property was owned by the grandfather of the plaintiff, namely, Sh. Chatru Ram i.e. the father of defendant No.1. The property was situated on a plot admeasuring 205 sq. yds. This property was partitioned among all the legal heirs of Sh. Chatru Ram i.e. defendant No.1/Kanhiya Lal, Sh. Kishan Chand, Sh. Noor Singh, Sh. Maan Singh and Sh. Suraj Bhan, who all were the sons of late Sh. Chatru Ram. It was pleaded that 40 sq. yds., out of plot admeasuring 205 sq. yds., belonging to Sh. Chatru Ram fell to the share of Sh. Kanhiya Lal, and since defendant No.1 inherited this property as ancestral property, the plaintiff/appellant had a right as a co-owner in this property (hereinafter, referred to as suit property). It was further pleaded that defendant No.1 wrongly sold his share of the suit property to defendant No.8. It was also pleaded that late Sh. Chatru Ram had purchased the entire property, of which the suit property was a part, from ancestral funds on 23.1.1953, and that defendant No.8 was aware of this fact, inasmuch as, his father-Sh. Daulat Ram was a party to settlement deed dated 16.12.1996, when the plot of 205 sq. yds. was distributed in a family arrangement. The subject suit, therefore, prayed for a relief of ownership rights of 1/5th share in the suit property comprising of 40 sq. yds. in the property bearing No. 1182 Deva Ram Park, Tri Nagar, Delhi.

(3.) AFTER the pleadings were completed, the trial Court framed the following issues:-