JAGDISH PARSHAD Vs. PARDEEP KUMAR AND OTHERS

JUDGEMENT

(1.) Jagdish Parshad plaintiff-appellant has directed the present appeal against the judgment and decree dated 10.07.2013 passed by Shri Narender Kumar, learned District Judge, Narnaul vide which the appeal preferred by plaintiff/appellant against the judgment and decree dated 06.05.2010 passed by Ms. Roopam Singh, the then learned Additional Civil Judge (Senior Division), Mohindergarh was dismissed.

(2.) Brief facts of the present case are that suit property measuring 25sq yards i.e. 5/7 share in total land measuring 35.38sq. Yards situated at Kamla Dharamshala, Ward No.13 Mohindergarh was coparcenary and ancestral property of the plaintiff, wherein he is co-owner to the extent of 1/6 share, whereas the defendants have no concern or connection with the same. Defendant Nos2 to 5 despite having no concern or connection with the disputed property executed sale deed dated 03.11.2003 in favour of defendant No.1, which is liable to be set aside. Even otherwise, defendant Nos 2 to 6 had executed sale deed in favour of Rajesh i.e. son of plaintiff qua their share through agreement to sell dated 06.12.1995. Since the defendants have refused to admit the claim of the plaintiff, hence this suit.

(3.) Defendant No.1 in his written statement denied that the defendants had no concern or connection with the disputed property. Rather, it is pleaded that defendant No.2 to 6 were co-sharers in the disputed property to the extent of 5/7 share, who sold the same in favour of answering defendant vide registered sale deed dated 3.11.2003. An entry regarding disputed property has been entered in municipal record as B-III, 206. Defendant No.1 also took some additional pleas on the grounds of locus standi, maintainability of the suit, cause of action, estoppels etc. and ultimately prayed for dismissal of the suit with special costs.