SOBARAN SINGH Vs. VIJAY SINGH

JUDGEMENT

(1.) This miscellaneous petition under Article 227 of the Constitution of India has been filed against the order dated 27.2.2019 passed by Second Civil Judge Class-II, Gwalior in Civil Suit No.125A/2016 by which the application filed by the petitioner under Order 6 Rule 17 of CPC has been rejected.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner filed a suit for declaration of title and permanent injunction on the allegation that the petitioner is the owner and is in possession of survey No.548 area 2.15 Beegha, survey No.553 area 2 Beegha, survey No.554 area 4 Beegha and survey No.555 area 8 Biswa situated in village Purasani, Tehsil and District Gwalior.

(3.) It is the case of the petitioner that the land in question is an ancestral land and earlier it was recorded in the name of the father of the petitioner. After the death of his father, the petitioner and his brother Kartar Singh became the joint owner of the property and, accordingly, their names were recorded in the revenue record in place of their father late Hukum Singh. Kartar Singh expired on 31.7.2003 and he was unmarried accordingly, it was claimed that the petitioner has become the sole owner of the property in question after the death of his brother late Kartar Singh. Accordingly, the name of the petitioner was mutated in the revenue records in respect of the entire property in dispute.