ABHEY KUMAR Vs. SANTOSH KUMAR AND OTHERS

JUDGEMENT

(1.) This regular second appeal is brought by Abhey Kumar, the plaintiff against the judgments and decrees dated 11.10.2012 and 27.5.2013 passed by learned Additional Civil Judge [Senior Division], Talwandi Saboo and Additional District Judge, Bathinda respectively.

(2.) Abhey Kumar, the plaintiff-appellant had filed a suit for declaration to the effect that he is owner of 1/4th share in house detailed in the headnote of the plaint [hereinafter referred to as "the disputed house". He claimed that the the disputed house was owned by him as well as his brothers, who are defendants No.1, 3

(3.) The plaintiff-appellant has claimed that he and his brothers, defendants No. 1, 3 and 4 are joint owners of the the disputed house and their names were reflected in the house tax assessment register for the year 1980-81 in respect of the disputed house. According to him, defendant No.1, in connivance with municipal officials, got his name exclusively recorded in the house tax assessment register for the year 2005-2006 and thereafter vide sale deed dated 25.1.2010, sold the the disputed house to defendant No.2 and also delivered possession thereof to him. The sale deed is claimed to be not binding on the rights of the plaintiff-appellant because the same was executed at his back without his consent on the basis of wrong entry made in the house tax assessment register for the year 2005-2006.