LAKHWANT KUMAR Vs. JAGJIT LAL

JUDGEMENT

(1.) The plaintiffs are in appeal. They have remained concurrently unsuccessful before the two courts below. Plaintiffs filed a suit for declaration, permanent injunction and for joint possession on January 27,1987 It was claimed by them that Chuni Lal, their grand-father, was originally owner of the suit property. House in question was allotted to him by the Rehabilitation Department and land had been allotted to him being Nazool land being a scheduled caste. Chuni Lal was married to Laxmi and out of the aforesaid wedlock, Darshan Lal,defendant No.5,(father of the plaintiffs) was born. Later on Chuni Lal kept one Bhan Kaur as his keep illegally and had two sons and one daughter ( defendants No. 2 to 4), from the aforesaid relationship. Plaintiffs alleged that a will dated January 15,1981 was executed by Chuni Lal in their favour bequeathing 9/10 share of his estate in favour of the plaintiffs and 1/10 share in favour of Bhan Kaur. Aforesaid Chuni Lal died on January 16,1981 i.e. the next day. Plaintiffs alleged that they came into possession of the suit property and some construction had been raised by their father Darhsan Lal. Consequently, plaintiffs claimed that they are owners in joint possession of suit property. Plaintiffs further alleged that a gift deed dated September 26.1969 had been got executed by Jagjit Lal,defendant No.2, with regard to some portion of the property belonging to Chuni Lal. Later on a sale deed dated July 17,1980 had been got executed by aforesaid Jagjit Lal from Chuni Lal. Jagjit Lal had got executed a general power of attorney in favour of Amar Nath. Jagjit Lal himself executed a sale deed dated 31,1981 in favour of defendants No.6 and 7 who further sold the suit property in favour of defendants No.8 and 9 on April 8,1982. Plaintiffs claimed that the sale deed executed by Jagjit Lal were illegal, bad without any authority and not binding upon their rights.

(2.) The suit was contested by the defendants. Besides the contest on merits, the defendants pleaded that the suit was barred by limitation. The execution of any sale deed dated January 15,1981 by Chuni Lal in favour of the plaintiffs was also denied. Defendants also reiterated the validity of the sale deeds executed by Jagjit Lal and subsequently by vendees. The defendants also maintained that Chuni Lal was married to Bhan Kaur and from the aforesaid wedlock,Jagjit Lal,son, and two daughters were born. The suit filed by the plaintiffs was dismissed by the learned trial Court. Besides holding that the suit was barred by limitation, the learned trial court also held that no such will dated January 15,1981 as claimed by the plaintiffs was ever executed by Chuni Lal. It was also held that Chuni Lal was married to Bhan Kaur and Jagjit Lal was his son.

(3.) The learned trial court also noticed that Darshan Lal father of the plaintiffs had earlier lost his litigation claiming rights in the suit property through a judgment dated August 21,1982, Ex.D2. In these circumstances, it was held that the plaintiffs who were claiming through Darhsan Lal had no right to file the suit,once the will in their favour was also held to be not proved. Consequently, the suit filed by the plaintiff was dismissed by the learned trial court.