JASPAL SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.3 in the suit impugning the judgment of the trial court dated 23.12.2017 by which the trial court has decreed the suit filed by the respondents/plaintiffs with respect to partition etc of the property belonging to the parents of the parties. To each of the children of the deceased Smt. Sunder Kaur 1/7th share has been alloted. The suit property is a plot of land admeasuring 166.23 sq. yards bearing no. 148 in Block B, Mohalla Guru Nanakpura of Fateh Nagar, falling in Khasra No. 586, R.E. Village Tihar, New Delhi (now known as B- 148, Fateh Nagar, New Delhi).

(2.) The case of the respondents/plaintiffs was that the suit property was purchased by the parents of the parties Sh. Santokh Singh and Smt. Sunder Kaur in terms of the registered sale deed dated 11.4.1957. A single storey construction was thereafter raised on the subject plot. Sh. Santokh Singh died intestate on 2.9.1965 and the children in order to honour their mother executed a relinquishment deed dated 1.11.1972 making Smt. Sunder Kaur as the sole owner of the suit property. It was pleaded by the respondents/plaintiffs that Smt. Sunder Kaur was suffering from paralysis for many years before her death and she died intestate on 24.10.1994. Accordingly, it was stated that the suit property devolved upon the six sons of Smt. Sunder Kaur and though there were seven children with one daughter, but each of the son would have 1/6th share each in the suit property because as per the custom in the family the daughter did not get a share.

(3.) Suit was contested on behalf of appellant/defendant no. 3 and it was admitted that the suit property originally belonged to both the parents of the parties and thereafter mother Smt. Sunder Kaur had become owner of the suit property by virtue of relinquishment deed dated 1.11.1972. Appellant/defendant no. 3 pleaded that mother late Smt. Sunder Kaur had executed a Will dated 4.1.1993 in his favour bequeathing the suit property to him and therefore the suit was prayed to be dismissed.