LACHHMAN SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) The following substantial questions of law arise for consideration in this second appeal:-

(2.) The suit had been filed by the plaintiff/appellant for declaration and for injunction in respect of a property claimed to be held originally by one Gurdit Singh and Teja Singh, sons of Gainda Singh. Teja Singh had two sons and the plaintiff was one of the sons. Another son Gurdas Dass was reported to have died issueless. Gurdit's son is the defendant. The suit was filed on a contention that the family owned 2 kanals among other lands and after consolidation proceedings, the property had been wrongly mutated only in the name of Gurdit Singh and when plaintiff and defendant's brothers pressed for their own rights, Gurdit Singh gave letter in writing acknowledging the plaintiff's entitlement to a half share. The plaintiff claimed that the letter of acknowledgment, had been made by Gurdit Singh and attested by the defendant himself. The defendant denied the document and also contended that it was invalid and inexecutable to operate to create any title in his favour. The trial Court treated the document as an agreement, taxed stamp duty as payable for the agreement and held the plaintiff's title as established through Ex.P2. The appellate Court, in the appeal filed by the defendant, set aside the judgment of the trial Court and held that the document constituted a transfer of interest in immovable property and being unregistered did not lawfully operate to create a transfer to interest in property in view of the requirement of registration under Section 17 of the Registration Act. The Court did not enter a finding regarding possession and proceeded to disallow the prayer for injunction consistent with its finding that the plaintiff has not established his title.

(3.) The case would require to be considered on the actual recitals of the document, which are in Urdu, and the learned senior counsel for the appellant makes available to me a free translation in English of the document. The document reads as under:-