JASPAL SINGH Vs. NIRMAL SINGH ALIAS GURMAIL SINGH

JUDGEMENT

(1.) This is second appeal by plaintiff, who has remained unsuccessful in both the courts below.

(2.) Plaintiff filed suit alleging that his father Mehar Singh was owner of the suit land, which was ancestral property in the hands of Mehar Singh having been inherited from his own father Maan Singh. From the marriage of Mehar Singh with Nasib Kaur, plaintiff and defendants no.5 and 6 were born. After death of Nasib Kaur, Mehar Singh performed second marriage with Pritam Kaur defendant no.7. Out of the said wedlock, defendants no.1 to 4 were born. The plaintiff has alleged that the plaintiff and defendants no.1 to 3 were cultivating the suit land along with their father Mehar Singh during his life time. After the death of Mehar Singh, the plaintiff has become owner in possession of half share of the suit land. However, the plaintiff learnt in October 1998 that defendants no.1 to 3, by playing fraud, obtained a collusive decree in their favour against their father Mehar Singh, vide judgment and decree dated 26.05.1988, passed by learned Senior Sub Judge, Ambala. The said decree has been challenged in the suit alleging that Mehar Singh could not have suffered the said decree on account of ancestral nature of the suit land. Defendants no.5 and 6, who are real sisters of the plaintiff, admitted the claim of the plaintiff. Defendants no.1 to 3 contested the suit and controverted the plaint allegations. It was denied that the suit land was ancestral in the hands of Mehar Singh. It was pleaded that the suit land was self-acquired property of Mehar Singh and he voluntarily suffered judgment and decree dated 26.05.1988, in view of family settlement between defendants no.1 to 3 and said Mehar Singh, who was their father. It was also pleaded that Mehar Singh separated the plaintiff by giving him due share in his property. Mehar Singh also executed valid Will dated 31.12.1981 in favour of defendants no.1 to 3. Learned Civil Judge (Junior Division), Ambala City, vide judgment and decree dated 10.01.2005, dismissed the suit of the plaintiff- appellant. First appeal preferred by the plaintiff also stands dismissed by learned Additional District Judge (Fast Track Court), Ambala, vide judgment and decree dated 14.01.2008. Feeling still aggrieved, the plaintiff has filed the instant second appeal. During pendency of appeal, application bearing C. M. No. 1524-C of 2009 under Section 151 of the Code of Civil Procedure (in short CPC) for placing on record five jamabandis for the years 1917-18, 1935- 36, 1939-40, 1943-44 and 1955-56 as Annexures A-6 to A-10 was moved by the appellant. The appellant also moved another application bearing C. M. No.7788-C of 2009 for additional evidence under Order 41 Rule 27 read with Section 151 CPC for producing the same jamabandis as additional evidence as Annexures A-11 to A-15.

(3.) I have heard learned counsel for the appellant and perused the case file.