GURDEEP SINGH Vs. SANSAR SINGH

JUDGEMENT

(1.) Suit for declaration regarding property in dispute along with consequential relief of permanent injunction, and in the alternative for joint possession of disputed property, filed by plaintiff Sansar Singh (respondent herein), was decreed by the learned Additional Civil Judge (Sr. Divn.), Balachaur on 12/8/2021; and the appeal filed by defendant Gurdeep Singh (appellant herein) was dismissed by the First Appellate Court on 15/1/2024, thus affirming the findings of the trial Court. It is against these concurrent findings of the Courts below that defendant No.1 of the case has approached this Court by way of present regular second appeal.

(2.) In order to avoid confusion, parties shall be referred as per their status before the trial Court.

(3.) Plaintiff Sansar Singh is the real paternal uncle of the two defendants, namely Gurdeep Singh and Santokh Singh, being the sons of his deceased brother Kashmir Singh. Plaintiff Sansar Singh is unmarried and issue-less. Dispute is regarding abadi property marked by letters ABCD shown in red colour in the attached site plan, bearing Khata no. 202/279, Khasra No.1022 (01-17) situated in village Sahungra, Tehsil Balachaur, District SBS Nagar, detailed and described in head note of the plaint, as per Jamabandi for the year 2006-07. As per plaintiff, in order to help his brother Kashmir Singh and his family, he had purchased the suit property vide sale-deed dtd. 21/1/1982 from his own funds in the name of defendants to the extent of 2/3 share, and in his own name to the extent of 1/3 share. Now, dispute is regarding 1/3 share, which existed in the name of plaintiff Sansar Singh.