ANOOP KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgment and decree dtd. 19/2/2024 passed by the Court of Additional District Judge, Jalandhar (hereinafter to be referred as "First Appellate Court"), whereby the appeal filed against the judgment and decree dtd. 13/4/2018 passed by the Court of Civil Judge (Junior Division), Jalandhar (hereinafter to be referred as "trial Court"), decreeing the suit for separate possession by metes and bounds qua 1/8th share of the plaintiff and defendant Nos. 1 to 7 (filed at the instance of respondent No. 1-plaintiff / Anil Kumar), was partly allowed to the extent of grant of preliminary decree.

(2.) Briefly stating, respondent No. 1-plaintiff (Anil Kumar) filed a suit for possession by way of metes and bounds, claiming 1/8th share over the suit property bearing House No. ND 125, situated at Bikrampura, Jalandhar, which was owned by his mother, namely, Smt. Puran Rani wife of Sh. Vas Dev, having purchased 5 1/2 Marla of suit property through registered sale deed dtd. 25/7/1989 with the remaining portion of 5 1/2 Marlas been purchased in her name vide registered sale deed dtd. 3/1/1992, thereby making the total land measuring 11 Marlas. It was further pleaded that during her life-time, the mother, Smt. Puran Rani, sold 03 Marlas 68.5 sq. ft. in favour of Smt. Reetu wife of Sh. Anoop Kumar - appellant/defendant No. 3 vide registered sale deed dtd. 1/2/1999, which further came to be sold by Smt. Reetu to Smt. Kavita (respondent No. 8-defendant No. 8), who is the wife of respondent No. 1 / plaintiff-Sh. Anil Kumar vide registered sale deed dtd. 27/1/2011. It was then pleaded that Smt. Puran Rani died intestate on 15/6/2003 leaving behind respondent No. 1-plaintiff and defendant Nos. 1 to 7 as her legal heirs qua the remaining 8 Marlas of land and hence, the suit by respondent No.1-plaintiff, claiming 1/8th share in the property in question.

(3.) The aforesaid suit was contested at the hands of appellant- defendant No. 3, while claiming that the mother Smt. Puran Rani executed a registered Will dtd. 6/7/1999, whereby the property in question was distributed amongst the legal heirs and thus, it never remained joint after her death.