KULTAR SINGH Vs. BALWINDER SINGH & OTHERS

JUDGEMENT

(1.) C.M.No.5035-C of 2012

(2.) The appellant-plaintiff is aggrieved of the dismissal of the suit challenging the mutation of inheritance of the estate of Lakhwinder Singh son of Harnam Singh, who is none else but brother, in favour of mother, i.e., defendant No.2-Darshan Kaur, as well as, claim of joint possession, has been declined, by both the Courts below.

(3.) Mr. R.S.Chauhan, learned counsel appearing on behalf of the appellant-plaintiff submits that impugned mutation was an apparent collusion between the mother and other brothers, thereafter, the estate property in dispute has been sold to other brothers, thus, appellant-plaintiff has been deprived of his right. The aforementioned facts have been proved on record, but the Courts below have failed to notice the same, thus, there is illegality and perversity in the findings rendered by both the Courts below, much less, substantial question of law arises for adjudication of the present appeal.