K K PURI Vs. KRISHNA PURI

JUDGEMENT

(1.) ASSAILING the judgment and decree dated 26-2-2005 passed by the learned Additional District Judge, chandigarh, affirming the judgment and decree dated 4-3-2003 passed by the learned civil Judge (Junior Division), Chandigarh, the plaintiff-appellant has preferred this regular Second Appeal. The plaintiff has remained unsuccessful in both the Courts below. There are concurrent findings of fact on all the issues. The challenge to the impugned judgments and decrees is on the following grounds :-

(2.) IT is necessary to briefly notice the factual background of the case.

(3.) ONE Lal Chand Puri, was allotted one plot No. 65, Sector 16-A, Chandigarh, where upon a house has been constructed by him. He died intestate on 4-6-1961 leaving behind his widow Smt. Tara Puri, son-plaintiff K. K. Puri, and two daughters, namely, smt. Krishna Puri and Smt. Minakshi bansal. After the death of Lal Chand Puri, his son and daughters are alleged to have sworn an affidavit dated 19-1-1962, relinquishing their rights and interest in the house in favour of their mother Smt. Tara puri. On the basis of this affidavit, the chandigarh Administration transferred the property (house in question) by executing a conveyance deed dated 13-5-1968 in favour of Smt. Tara Puri widow of late Lal Chand puri. In the year 1968, Smt. Tara Puri filed a suit for permanent injunction restraining the appellant herein from interfering in her possession claiming her absolute right on the house in question on the strength of conveyance deed dated 13-5-1968. Smt. Tara puri during her life time executed a Will dated 9-10-1987 in respect to the aforesaid house in favour of one of her daughters Smt. Krishna Purj. Later on, she died on 30-5-1989. The plaintiff-appellant herein also instituted a suit challenging the Will dated 9-10-1987 executed by Smt. Tara Purl and also the conveyance deed dated 13-5-1968. This suit, however, came to be dismissed for non-prosecution and was never restored. Thereafter, the plaintiff-appellant filed the present suit on 28-8-1989.