GURMEET SINGH Vs. BALBIR KAUR AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal is against concurrent findings of both the Courts below whereby suit filed by plaintiff for declaration was dismissed by the Court of first instance and first appeal filed by plaintiff was also dismissed by Court of first appeal.

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

(3.) Relevant facts for the purpose of decision of present appeal that after death of Lachman Singh on 24.04.1994 and in continuation of earlier family arrangement, no family settlement was arrived at on 09.07.1972 and memorandum was written. Defendants No.1 to 3 filed written statement taking preliminary objections thereby taking the plea that suit land was originally owned by Baldev Singh and after his death the same devolved upon his heirs. The suit is mala fide. More so the limitation period for getting such declaration is 3 years from the date when the rights to sue accrued for the first time. No suit was filed during the life time of Daler Singh. So the present suit is barred. In the written statement filed by defendants No.4 to 7 they admitted that House No.39 situated at Rajinder Nagar, Jalandhar is Joint Hindu Coparcenary property and after death of Lachhman Singh a family settlement was reduced into writing.