GULWANT SINGH Vs. GURBAKSHISH SINGH AND OTHERS

JUDGEMENT

(1.) CONTESTING defendant no. 2 Gulwant Singh has filed this second appeal. Respondent no. 1 - plaintiff Gurbakshish Singh filed suit against appellant and respondents no. 2 to 4 and Harnek Singh as defendants. Counsel for the appellant states that Harnek Singh defendant no. 1 has since died. The plaintiff alleged that he is owner in possession of suit land measuring 36 kanals 4 marlas comprising of shares in the lands described in the plaint. The suit land was transferred to him by Harnek Singh defendant no. 1 and by Gurbax Singh since deceased, by way of registered transfer deed dated 1.7.2002 and since then, the plaintiff is owner in possession of the suit land. However, revenue officials in connivance with defendants have passed order dated 8.6.2007 in mutation proceedings thereby not accepting the aforesaid transfer deed, necessitating the filing of the suit.

(2.) ONLY defendant no. 2 contested the suit whereas the remaining defendants were proceeded against ex parte. Defendant no. 2 alleged that there was no alleged family settlement as mentioned in the impugned transfer deed dated 1.7.2002 nor Gurbax Singh and Harnek Singh gave the suit land or any part thereof to the plaintiff. It was also pleaded that family settlement could not take place without participation of defendants no. 2 and 3 who are brothers of Harnek Singh and Gurbax Singh. Alleged transfer deed dated 1.7.2002 is forged and fabricated and is also without consideration and therefore, hit by section 54 of the Transfer of Property Act (in short, the TP Act). Mutation on the basis said transfer deed has been rightly rejected by the revenue authorities vide order dated 8.6.2007. Defendants claimed to have inherited the share of Gurbax Singh since deceased being his natural heirs.

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