(1.) Present appeal, at the instance of an unsuccessful plaintiff, is directed against the impugned judgments and decrees passed by both the learned courts below, whereby suit of plaintiff for declaration with consequential relief of permanent injunction, was dismissed by the learned trial court and was upheld by the learned first appellate court.
(2.) Brief facts of the case, as recorded by the learned first appellate court in the impugned judgment, are that Harpal Singh had initially filed a suit against his mother Harnam Kaur and his sister Pritam Kaur, but when during the pendency of the suit Harnam Kaur died, the other two sisters i.e. Rajinder Kaur and Balwant Kaur were impleaded as her legal representatives.
(3.) The suit land was claimed as exclusive ownership of the plaintiff and it was asserted that the mother got mutation of one half share of the land sanctioned in her name on the basis of an alleged gift deed made by the plaintiff in her favour in the year 1955. Harnam Kaur had thereafter executed two sale deeds, on 19th of July, 1978 and 17th of August, 1978 by which she sold her one half share of land to Pritam Kaur a daughter. The plaintiff who had been serving in Madhya Pradesh came to know of the sale-deeds in the year 1979 and thereafter filed the suit for declaration to the effect that he is the owner in possession of the entire land measuring 112 kanals 9 marlas and that he had never gifted one share of this land to Harnam Kaur and the mutation in her favour on the basis of oral gift is illegal and void and not binding upon him. He also sought a permanent injunction for restraining the defendants from interfering with his possession.