LAWS(P&H)-2011-3-214

HARJOT SINGH Vs. GURJIT KAUR

Decided On March 07, 2011
Harjot Singh Appellant
V/S
GURJIT KAUR Respondents

JUDGEMENT

(1.) DEFENDANTS no.1 to 4, who were successful in the trial court, but have been unsuccessful in the lower appellate court, have filed the instant second appeal.

(2.) LAKHMIR Singh had only one son i.e. Harcharan Singh and two daughters i.e. Gurjit Kaur respondent no.1/plaintiff and Rajinder Kaur defendant no.8/proforma respondent no.5. Harcharan Singh died on 30.08.2001 during the lifetime of Lakhmir Singh. Harcharan Singh left behind defendants no.1 to 3 as minor sons and defendant no.4 as widow.

(3.) DEFENDANTS no.1 to 5 broadly controverted the plaint allegations, while admitting the relationship between the parties. It was pleaded that Lakhmir Singh himself executed the registered release deed dated 10.09.2001 in favour of defendants no.1 to 3, who have accordingly become owners in possession of the suit land. Defendant no.8 also supported the case of defendants no.1 to 5. Defendants no.6 and 7 filed written statement broadly taking the same stand. Release deed was pleaded to be legal and valid by all the defendants.