SARJIT Vs. HET RAM

JUDGEMENT

(1.) CM No. 3507. C of 2009. For reasons mentioned in the application, delay of 30 days in refiling the appeal is condoned. RSA No. 1181 of 2009 Plaintiffs Sarjit and Ram Dass alias Ram Bilas have filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) DEFENDANTS Het Ram and Manphool are brothers of the plaintiffs. The plaintiffs filed suit for possession of half share of 44 kanals 7 marlas and 1/3rd share of 56 kanals land alleging that registered release deed dated 25.10.2000 alleged to have been executed by the plaintiffs regarding the said suit land in favour of the defendants is illegal, null and void and based on fraud and misrepresentation. The plaintiffs alleged that parties being real brothers wanted to partition their land and on this pretext the defendants got the release deed executed claiming it to be application for partition. It was also pleaded that suit land was not ancestral property of the parties and release deed thereof could not be executed because some of the land was inherited by the plaintiffs from their uncle and some of it was inherited by plaintiffs from their father. The suit property is self acquired property of the plaintiffs and not ancestral property. There was also no basis for executing release deed when the plaintiffs have their own issues. Defendants illegally occupied the suit land and plaintiffs are, therefore, entitled to possession thereof.

(3.) LEARNED Additional Civil Judge (Senior Division), Hisar vide judgment and decree dated 16.10.2007 dismissed the plaintiffs' suit. First appeal preferred by the plaintiffs has also been dismissed by learned Additional District Judge, Hisar vide judgment and decree dated 6.10.2008. Feeling aggrieved, the plaintiffs have preferred the instant second appeal.