PIARA SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging the view taken by the lower Appellate Court in reversing the findings of fact as recorded by the trial Court. The principal question of law which requires determination this appeal is as under :- Whether a property shown to be worth less than Rs. 100/- would be transferrable without delivery of possession within the meaning of Section 54 of the Transfer of Property Act, 1882 ?

(2.) THE dispute in the present case relates to the property of one Khushia who is alleged to have executed four sale deeds Exs. D-1 to D-4, on 15.5.1987. He also executed a will Ex. DW-8 and an agreement on 15.5.1987 Ex. D-5. The plaintiff-appellant and defendant-respondent No. 1 are sons of real brother of Khushia. Piara Singh-plaintiff-appellant filed a suit for declaration to the effect that he alongwith his brother Harbhajan Singh defendant-respondent 1 are owners in possession of the suit comprised of two houses which are fully detailed in the judgment and decree. Defendant-respondents 2 to 5 have set up the sale deeds Exs. D-1 to D-4, agreement Ex. D-5 and will Ex. DW-8 alleged to have been executed by Khushia on 15.5.1987. It is appropriate to mention that defendant-respondents 2 to 5 are the grandsons of the other brother of Khushia who admittedly died during the life time of Khushia.

(3.) ON the issues concerning the will Ex. DW-8 as well as the agreement Ex. D- 5, the findings recorded by the trial Court are that the houses in dispute were not covered by those documents. These findings are available in the judgment and decree of the trial Court in paras 17 and 18 respectively and the same reads as under :-