SUKHPAL KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) The present Regular Second Appeal has been filed by the appellants/defendants challenging the concurrent findings of the courts below, whereby the learned trial court vide judgment and decree dtd. 10/8/2010 decreed the suit of the respondent/plaintiff, and the learned Lower Appellate Court vide judgment and decree dtd. 8/9/2012 dismissed the appeal filed by the appellants/defendants, thereby upholding the decision of the learned trial Court.

(2.) The plaintiff filed a suit for declaration against the defendants to the effect that the plaintiff is owner in possession of 1/6th share in the suit property as detailed in the headnote of the plaint, situated at village Pattar Kalan, Tehsil and District Jalandhar. The plaintiff also sought relief of permanent injunction restraining the defendants from interfering in his possession over the suit property, and in the alternative also prayed for a decree of possession against the defendants.

(3.) The brief facts of the case are that the plaintiff ordinarily resides in the United Kingdom and came to India in connection with the death of his father, Tara Singh. He executed a Special Power of Attorney on 6/12/2003 in favour of Manjinder Singh, son of Manohar Singh, resident of village Chitti, District Jalandhar, authorising him to file the suit on his behalf. Tara Singh, father of the plaintiff, was the exclusive owner of the suit property. The plaintiff is the only son of his father Tara Singh, since deceased, and he succeeded to his estate including the suit property on the basis of natural succession. The plaintiff became owner in possession of the suit property on the basis of natural succession after the death of his father Tara Singh.