UJJAGAR SINGH Vs. HIRA SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 08.03.2011 passed by learned Civil Judge (Jr. Divn.), Fazilka whereby suit for declaration and consequential relief of permanent injunction filed by appellant-plaintiff has been dismissed and against the judgment and decree dated 06.11.2012 passed by learned Additional District Judge, Ferozepur whereby appeal preferred by appellant-plaintiff has also been dismissed. For convenience sake, reference to parties is being made as per their status in the suit.

(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts are to the effect that land measuring 136 kanals 14 marlas, as detailed in the head-note of plaint, is joint Hindu family, ancestral and coparcenary property in the hands of defendant No. 1 being karta of the joint Hindu family. It was pleaded that the plaintiff being a member of the joint Hindu family is entitled to 1/3rd share in the property as according to him, earlier his grand-father Jawahar Singh was the owner of the suit land and some land was allotted to him and other was purchased by him from the income of the allotted land. It was further pleaded that after partition of the country, suit land came in the hands of defendant No. 1, father of the plaintiff, in lieu of the land left by Jawahar Singh in Pakistan as a result of which the suit land is ancestral coparcenary property of joint Hindu family of the plaintiff. Plaintiff and defendant No. 2 are sons of defendant No. 1, who according to the plaintiff are equally entitled to inherit the movable and immovable properties in the hands of defendant No. 1 as his legal heirs. It was further pleaded that out of total land mentioned in the head-note of plaint, land measuring 91 kanals 12 marlas is in litigation as 6SA-11/4 units are mentioned as land measuring 30 kanals 11 marlas i.e. 1/3rd share of land measuring 91 kanals 12 marlas as described above in the head-note was declared as cancelled by the orders of Hon'ble Financial Commissioner (Revenue), Punjab, Chandigarh vide orders dated 24.12.2002. It was further pleaded that parties to the suit were earlier living jointly as joint Hindu family and defendant No. 1 was managing the joint family of the parties as karta, but now plaintiff is residing separately as defendant No. 1 is favouring defendant No. 2 and his family. Defendant No. 1 has no right to dispose of any part or portion of the ancestral coparcenary property, as there is no legal necessity for the same. However, defendant No. 1 had sold 8 kanals of land to defendants No. 3 and 4 and also alienated the land measuring 12 kanals 2 marlas to defendant No. 2 for no reason, without any legal necessity and to deprive the plaintiff of his rights in the property. It was prayed that sale deed referred to above is liable to be set aside and the defendants having failed to admit the lawful claim of the plaintiff, suit was filed.

(3.) Upon notice, defendants put in appearance and filed written statement taking preliminary objections of cause of action, maintainability, non-joinder and mis-joinder of necessary parties. On merits, it was denied that the suit land is joint Hindu family property. Defendant No. 1 is not holding the said property as karta of the so-called joint Hindu family. Defendant No. 1 -has four daughters also. It was denied that the plaintiff and defendant No. 2 are equally entitled to inherit the movable and immovable properties in the hands of defendant No. 1. Other averments in plaint were denied.