LAWS(P&H)-2022-11-111

KAKA SINGH Vs. PAL SINGH

Decided On November 24, 2022
KAKA SINGH Appellant
V/S
PAL SINGH Respondents

JUDGEMENT

(1.) Prayer in the present revision petition is for quashing of the order dtd. 27/11/2018 (Annexure P-4) passed by learned lower Appellate Court whereby application moved by the plaintiff/respondent no.1 for additional evidence has been accepted allowing him to produce on record mutation no.1908 dtd. 5/3/2006 BK (Bikrami Samvat).

(2.) Brief facts of the case are that plaintiff/respondent no.1 filed civil suit for declaration and joint possession to the extent of 1/5th share out of total land measuring 145K-15M and land measuring 0K-07M (land in dispute). It was alleged that the suit property is ancestral joint Hindu property of the parties and they are coparceners. It was further alleged in the suit that Jangir Singh, father of the parties was Karta of the families and therefore, though Jangir Singh was not entitled to, yet had suffered a decree dtd. 3/5/1989 in favour of Kaka Singh, present petitioner/defendant no.1 to the extent of 1/3rd share of the land. It was pleaded by Pal Singh plaintiff/respondent no.1 that the said judgment dtd. 3/5/1989 is liable to be set aside qua his right as he came to know about the decree after the death of Jangir Singh only and the mutation was sanctioned illegally.

(3.) Notice of the suit was issued and defendant no.1/ petitioner filed written statement taking objection that suit property was not ancestral and was self-acquired property of Jangir Singh, who had given 1/3rd share of 145K to the petitioner/defendant in a family settlement and since then the defendant is in possession of the land as owner. It is stated that the property was given to the petitioner in the family settlement and this right was recognized in the decree in the aforementioned civil suit No.289 of 8/4/1982 decided on 3/5/1989 in favour of petitioner/defendant and that the said decree is in the knowledge of plaintiff/respondent.