GURDEV KAUR Vs. SOHAN LAL AND ORS.

JUDGEMENT

(1.) UNSUCCESSFUL appellant/plaintiff has preferred instant regular second appeal feeling dissatisfied against judgment and decree dated January 11, 2013 passed by Additional District Judge, SAS Nagar (Mohali) confirming the judgment and decree dated December 13, 2010 of learned trial Court passed in civil suit No. 121 dated 21.03.2002/29.04.2009 captioned as Jaimal Singh (since deceased) v. Sohan Lal @ Ghola and others whereby, suit for possession preferred by him, was dismissed.

(2.) THE case set up by the appellant -plaintiff before learned trial Court is that he and Fateh Singh @ Jagir Singh had been residing together. However, a portion of house occupied by Fateh Singh @ Jagir Singh, who was an old man of 80 years was let out to Sohan Lal @ Ghola -respondent No. 1 several years back who started residing therein. Fateh Singh @ Jagir Singh breathed his last on November 09, 2001 and after his demise respondent No. 1 alleging himself to be the son of Fateh Singh @ Jagir Singh got mutation of inheritance sanctioned in his favour, which is otherwise illegal, null and void. In fact, respondent No. 1 is not the son of Fateh Singh @ Jagir Singh rather he is the natural son of one Bant Ram son of Tara Singh resident of Village Lachroo Kalan, Tehsil Ghanaur, District Patiala.

(3.) ALL these averments were categorically denied by learned counsel for respondent No. 1 alleging that Fateh Singh @ Jagir Singh was his natural father and had been residing with him. He performed his last rites. Due to services rendered by him towards his father, his father executed a valid and legal will dated August 01, 2001. The sale deeds executed by Fateh Singh @ Jagir Singh were for valuable consideration and in his sound mind. The sale consideration was paid to Fateh Singh @ Jagir Singh, which was deposited in his bank account as well as in the account of respondent No. 1. Accordingly, prayed for dismissal of suit.