AMRIK SINGH Vs. PARMINDER SINGH

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 21.10.2014 passed by learned Addl. District Judge, Sangrur, modifying the judgment and decree dated 08.02.2011 passed by learned Civil judge (Sr. Divn.), Sangrur, vide which the suit of the plaintiff for declaration and permanent injunction was dismissed.

(2.) The suit filed by the plaintiff against his four brothers for declaration and permanent injunction was dismissed by the lower court. The plaintiff had claimed that he was owner of the disputed house. The disputed house was previously owned by Harchand Singh @ Chand Singh, father of the parties. After his death, it was inherited by the plaintiff, defendants and their mother Mukhtiar Kaur in equal shares to the extent of 1/6th share each. The plaintiff had claimed that vide affidavit dated 17.08.2004 (Ex.P2), duly thumb marked by his mother Mukhtiar Kaur, her mother had given her share (darwaja/house) to him. Remaining defendants had sold their share to the plaintiff. Therefore, he has become exclusive owner of the disputed house.

(3.) The lower court has held that the said affidavit does not amount to a Will and on the basis of the affidavit, the ownership of any immovable property cannot be transferred. Accordingly, the suit was dismissed. The first appellate court partly decreed the suit for declaration to the effect that the plaintiff is exclusive owner in possession of the disputed house except the portion called "darwaja" and he is having 1/5th share in the said partition and the defendants are restrained from interfering in the peaceful possession of the plaintiff over the disputed house except the portion called "darwaja", which is owned and possessed by the parties as co-sharers equally.