SANTOKH SINGH Vs. HARNEK SINGH

JUDGEMENT

(1.) Plaintiff (now appellant) Santokh Singh filed against his brother Harnek Singh defendant (now respondent) a suit seeking decree of permanent injunction restraining the defendant not to transfer or alienate Eicher tractor bearing registration No.PBU-6203 with trolley and other implements claiming to be the joint owner of the same. The brief stand of the plaintiff is that the vehicle in question, the tractor, was purchased during the lifetime of their father Maghar Singh who died in December 1986. Since the land of Maghar Singh was mortgaged to secure loan for this tractor in the year 1981 and being in joint cultivation of the joint family land, name of defendant Harnek Singh was incorporated in the ownership of the tractor with Maghar Singh. Consequent upon the death of Maghar Singh, brothers fell apart and that is how the suit has come about. It is alleged that the defendant on account of incorporation in the registration certificate of the vehicle, is trying to lay claim on the same and hence the suit in question.

(2.) The defendant in his claim states that the tractor in question was purchased by the defendant for which loan was secured from the Jagraon branch of Bank of India by the defendant and for which land was mortgaged as collateral security and name of Maghar Singh was added as co-loanee and claimed that the defendant was the sole loanee and has been paying installments to the Bank in discharge of the loan so due and thereby claimed to be the owner of the vehicle. The trial Court framed the following issues:

(3.) As is the admission of the learned counsel for the two sides Mrs. Harpreet Kaur Dhillon, Advocate appearing on behalf of the appellant and Mr. M.L. Saggar, Senior Advocate assisted by Ms. Armaan Saggar, Advocate representing the respondent, Maghar Singh happens to be the father of plaintiff and the defendant and was owner of the land which was mortgaged to secure this loan for buying the tractor in question. His son Harnek Singh was shown to be the co-loanee with Maghar Singh. The testimony of PW-1 Chander Mohan Agricultural Assistant of the Bank of India on the basis of original voucher Ex.P1 has testified that the amount of ' 12,000/- was deposited in the Bank in the account of Maghar Singh, and in his cross-examination states that Harnek Singh is the co-loanee in the said loan account. The testimony of PW-2 Amarjit Singh who has witnessed the agreement between the brothers placed on the record as Mark A is not of much help as the document was never legally and legitimately proved on the record to be considered as a legitimate piece of evidence, but in his cross-examination as has been pointed out, this witness accepts the fact that the land which was mortgaged with the Bank belongs to Maghar Singh and that the entire loan amount was paid by Harnek Singh and claims that Santokh Singh has nothing to do with the tractor. So is the testimony of PW-4 Mohan Lal Deed Writer and PW-5 Santokh Singh who have testified orally and the factum of cultivation being joint amongst brothers is his admission in the cross-examination of PW-5. On the other hand, DW-1 Harnek Singh claims to have deposited the loan amount in the Bank and even otherwise is of not much relevance when the same is not supported by any documentary evidence.