JAGMAL SINGH Vs. RANI

JUDGEMENT

(1.) SUIT filed by the plaintiff was dismissed by the trial Court vide judgment and decree dated 1.4.2011. Appeal preferred against the said decree failed and was, accordingly, dismissed by the learned 1st Appellate Court, vide judgment and decree dated 6.12.2012. This is how, the plaintiff is before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) IN short, in a suit filed by the plaintiff, he prayed for a declaration that release deed/relinquishment deed No. 806/1, executed by defendant No. 1 in favour of defendant No. 2, on 18.9.2001, was void, illegal and not binding on the rights of plaintiff and other co -parceners. Decree for injunction, restraining defendants from interfering in the peaceful joint possession of the plaintiff was also prayed for by way of consequential relief.

(3.) DEFENDANTS , pleaded, inter alia, that defendant No. 1 was, indeed, the absolute owner in possession of the suit property prior to the execution of the release deed dated 18.9.2001. No other member of the joint Hindu family had any right, title or interest therein. It was maintained that defendant No. 1 had executed a valid relinquishment deed in favour of defendant No. 2. Thus, plaintiff was neither a co -owner nor in possession of the suit property.