JAGTAR SINGH Vs. SURJEET KAUR AND ORS

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 36 days in refiling this appeal is condoned.

(2.) This is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for declaration to the effect that he along with defendant No. 6 were the owners in possession in equal shares of the suit land and further, the mutations sanctioned in favour of respondents were void ab initio with permanent injunction restraining the defendants from interfering into lawful possession of the plaintiff and further alienating the suit land in any manner and restraining respondents No. 1 to 3 from getting the suit land partitioned, was dismissed.

(3.) As per the averments made in the suit, the suit land was owned and possessed by Swatanter Singh, father of the parties and the suit land was ancestral. A family settlement took place between the parties on 25.7.1995 and according to the aforesaid settlement, the plaintiff and defendant No. 6 had become the owners in possession of the suit property and the other defendants by suppressing the aforesaid facts, got entered mutation bearing No. 2958 and 18936 in their favour which was liable to be set aside. It was further alleged that even if the family settlement was not proved, then also the respondents, who were daughters of Swatanter Singh, were not entitled to equal share to that of sons of Swatanter Singh's suit land, being ancestral property in the hands of Swatanter Singh and in view of Section 6 of Hindu Succession Act, the daughters could get only shares out of the share of their father. Since the defendants refused to admit the claim of the plaintiff, hence this suit.