JAI KAUR Vs. SHRI RAM CHANDER AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 20.11.2015 passed by the learned Additional District Judge, Sonipat, vide which the appeal preferred against the judgment and decree dated 08.08.2013, passed by the learned Addl. Civil Judge (Sr. Division), Sonipat, has been dismissed.

(2.) Plaintiffs-Respondents no.1 and 2 have filed the suit for declaration challenging the mutations no. 5291 and 5292 attested and sanctioned in favour of the appellant and respondent no.3 (defendants no. 1 to 3) on 10.03.2007. In the consequential relief, permanent injunction has been sought restraining the defendants from alienating or otherwise creating any encumbrance upon the suit property.

(3.) Sh. Rajje Ram son of Jeet Ram was the owner in possession of the land in dispute, who was the father of the plaintiffs. After the death of Rajje Ram, the mutations of inheritance was to be attested and sanctioned in favour of the plaintiffs and defendant no.4. But, the same was wrongly attested and sanctioned in favour of defendants no.1 to 3, as well. Their brother Paras Ram had also died on 04.06.2007 and mutation of his inheritance was also sanctioned in favour of defendants no. 1 to 3 as well. Defendants no. 1 to 3 are not the daughters of Rajje Ram, but are the daughters of Amar Singh, the brother of Rajje Ram. Therefore, the impugned mutations are null and void and are liable to be set aside. Hence this suit.