RANBIR SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) The instant Regular Second Appeal has been filed against the concurrent findings recorded by both the Courts below.

(2.) Brief facts as per plaint are that Chhano Devi, mother of the parties to the suit, was recorded as owner of land measuring 8 Kanals being 32/437th share out of land measuring 109 Kanals-03 Marlas, comprised in Khewat No.16/16 Kittas 17, situated within the revenue estate of village Sarsa, Tehsil Pehowa, District Kurukshetra, vide Jamabandi for the year 2004-2005 and Brij Lal, father of the parties, was owner of land/bara measuring 10 Marlas being 10/13th share out of total land 13 Marlas comprised in Khewat No.17//17, Khatoni No.31, Khasra No.359(0-13), situated within the revenue estate of village Sarsa, Tehsil Pehowa, vide Jamabandi for the year 2004-2005. Above said Chhano Devi and Brij Lal died on 5/9/1999 and 11/2/1997 respectively and parties to the suit being brother and sisters are their legal representatives. However, in the death certificate, name of Brij Lal was wrongly recorded as Birju Devi. Both Chhano Devi and Brij Lal during their lifetime had bequeathed all their movable and immovable properties including suit land in favour of plaintiff vide wills executed on the same day i.e. 9/1/1989. Thus, plaintiff became absolute owner of the suit land and requested Halqa Patwari to enter and sanction mutation in his name, who assured to do so. But in the year 2011, plaintiff came to know that suit land still stands in the name of his parents. On 7/1/2011, plaintiff gave an application to Tehsildar Pehowa for entering mutation, however, that application got misplaced and thereafter another application in this regard was given on 11/1/2012 but revenue officials refused to do the needful.

(3.) The trial Court vide judgment and decree dtd. 24/3/2014 dismissed the suit of the plaintiff and the First Appellate Court vide judgment dtd. 3/11/2017, dismissed the appeal preferred by the plaintiff. Hence, the present Regular Second Appeal.