DHARAM PAL Vs. SANTOSH DEVI

JUDGEMENT

(1.) PRESENT Regular Second Appeal is against the judgment and decree dated 25.10.2012, passed by Additional District Judge, Panipat, whereby the appeal filed against the judgment and decree dated 16.09.2011, passed by Civil Judge, (Jr. Divn.), Panipat was dismissed.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been recaptured in the judgments of the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal are that plaintiffsDharam Pal and Sarla Devi, who are son and daughter of Munshi Ram (defendant No.1), filed suit for declaration. The suit land was ancestral property in the name of their father. They had inherited the rights in the property by birth. However, their father (defendant No.1) sold the suit land to defendant Nos.2 to 4, vide sale deed dated 04.11.2004. As per plaintiffs, defendant No.1 was having two wives and plaintiffs are children of defendant No.1 from his first wife. Six children were born out of wedlock of Munshi Ram and Santosh Devi, after death of mother of plaintiffs. Defendant No.1 wants to grab the share of plaintiffs under the garb of sale deed dated 20.11.2004 in the ancestral property. There was no legal necessity at the hands of defendant No.1, to execute the sale deed but still defendant No.1 executed the sale deed and as such suit before the Court of first instance.