SHAM LAL Vs. RAMESH

JUDGEMENT

(1.) Briefly stated, the facts of the case are that plaintiff Shyam Lal son of Ramesh Chand, resident of village Salwan, Tehsil Assandh District Kamal (herein petitioner) had filed a suit for declaration and permanent injunction against defendants Ramesh, Ponam and Brahm Dutt seeking to get transfer deed No.363/1 dtd. 28/7/2016 and mutation sanctioned on the basis thereof declared as illegal, null, void, ineffective qua the rights of the plaintiff and further asked for grant of decree for permanent injunction restraining defendant No.2 from alienating the suit land and for dispossessing the plaintiff therefrom illegally and forcibly.

(2.) According to the plaintiff, defendant No.l Ramesh Chand father of the plaintiff was married with Smt.Nanhi Devi (since dead) and from that wedlock plaintiff and performa defendant No.3 Brahm Dutt were bom; Nanhi Devi has expired, thereafter Ramesh Chand got married with defendant No.2 Poonam; the property in dispute in the name of defendant No.l Ramesh Chand happened to be ancestral property, however defendant No.l executed a transfer deed in favour of defendant No.2 but the same is null and void and is liable to be set aside. When contesting defendants refused to admit the claim of the plaintiff, then he had filed the suit in question.

(3.) On notice, defendants No.l and 2 put in appearance and filed written statement contesting the suit denying that the land in dispute was ancestral property qua defendant No.l and the plaintiff, rather it was claimed that the land in question is self acquired property of defendant No.l; the land was legally and validly transferred by defendant No.l in favour of defendant No.2 vide impugned transfer deed. Defendants No.l and 2 prayed for dismissal of the suit.