HARBHAJAN SINGH Vs. KULDEEP SINGH & ORS.

JUDGEMENT

(1.) The appellant seeks setting aside of the judgment and decree dated 7.9.2016 passed by the trial court in a suit for declaration and permanent injunction instituted by him against his siblings, respondents No.1, 2, 3 (since deceased), respondent No.4 and his father, respondent No.5 (since deceased) (defendants No.1 to 5 in the trial court).

(2.) Before considering the submissions made by learned counsel for the appellant, it is necessary to take note of the factual narrative. The appellant/plaintiff had instituted the aforesaid suit praying inter alia for declaring the sale deed dated 22.5.2006 executed by the respondent/defendant No.5 (father of the parties) in favour of the respondent/defendant No.1 as null and void and further, for declaring that the he is the joint owner of the said premises; and asking for a decree of permanent injunction for restraining the respondents/defendants from creating any third party interest in the suit premises.

(3.) The appellant/plaintiff has stated in the suit that he and the defendants are class-1 heirs of late Smt. Prasin Kaur, mother of the appellant/plaintiff and the respondents/defendants No.1 to 4 and wife of the respondent/defendant No.5 (since deceased) who owned a property measuring 110 sq. yards situated at village Tihar, Fateh Nagar, New Delhi; that the mother had acquired the said property, by virtue of sale documents executed in her favour by the erstwhile owner, Shri Budh Singh on 14.2.1974. While skipping over the nature of the sale documents executed by the earstwhile owner in favour of Smt. Prasin Kaur, the appellant/plaintiff simply stated that during her lifetime, the mother was asserting all her rights as an owner of the suit premises and after the same was purchased, the entire family shifted to the said property and thereafter the plaintiff had been in continuous, open, peaceful and exclusive possession of the same.