SHUBHRAM @ SUBE SINGH Vs. MAHENDER

JUDGEMENT

(1.) CM No.3743 -C of 2015 Annexure A -1 is taken on record.

(2.) SHUBH Ram @ Sube Singh -plaintiff (appellant herein) filed a suit through his next friend and wife Bhateri Devi with regard to the suit land forming part of Khewat No.160, Khatoni No.241, Kita 16, measuring 100 Kanals 10 Marlas and Khewat No.254/1, Khatoni No.420, Kita 7, measuring 18 Kanals 3 Marlas, as per Jamabandi for the year 1998 -99, situated at village Duloth Ahir, Tehsil and District Mohindergarh to the extent of 1/3rd share and impugned release deed No.490 dated 31.05.2000.

(3.) PLAINTIFF was earlier employed in Indian Army and after suffering from mental disease, he was discharged on 03.03.2000. Defendantrespondent Nos. 1 and 2 are his sons and defendant -respondent Nos. 3 and 4 are his real brothers. The aforesaid suit property was ancestral in nature, out of which, the plaintiff -appellant was owner in possession of 1/3rd share. It was alleged that release deed No.490 dated 31.05.2000 was got executed in favour of defendant Nos. 1 to 3 at the instance of defendant No.4 by playing fraud and misrepresentation upon the plaintiff. Accordingly, he sought a decree of declaration that he was owner in possession of 1/3rd share of the suit land and the impugned release deed No.490 dated 31.05.2000 was void and nonest against him.