BHAGAT SINGH Vs. SMT. SAVITRI AND OTHERS

JUDGEMENT

(1.) Unsuccessful plaintiff is in regular second appeal against impugned judgment and decree dated 20.2.2014 passed by the learned first appellate court, whereby first appeal of the plaintiff was dismissed and the impugned judgment and decree dated 23.3.2010 of the learned trial court court, dismissing the suit for declaration, were upheld.

(2.) Brief facts of the case, as recorded by the learned first appellate court in para 2 of its impugned judgment, are that plaintiff/appellant Bhagat Singh filed the suit seeking decree for declaration against Smt. Savitri etc. defendants/respondents with the averments that the agricultural land reassuming 224 kanals 17 marlas to the extent of ?th share corresponding to 81 kanals 4 marlas comprised in khewat no. 160 khata no. 244, situated in the revenue estate of village Kalwa, Tehsil Safidon is joint Hindu Hindu Family and coparcenary property of the plaintiff and his father Maha Singh and the sale deed no. 146 of 24.5.1988 allegedly registered with Sub Registrar, Pillu Khera regarding the land of rectangle No. 147 killa no. 14(8- 0) which was part of the suit land, executed by Maha Singh in favour of defendants No. 2. Sale deed No. 250 dated 21.6.1988 was allegedly executed by defendant No. 3 in favour of defendant No. 1 regarding the suit land and further mutations No. 2200 and 2201 entered and sanctioned on the basis of above said sale deeds were null, void and not binding on the right of the plaintiff and for consequential relief of permanent injunction restraining the defendants from making any kind of interference into the peaceful possession of the plaintiff over the suit land forcibly and illegally with the help of their agents, servants and family members etc. and further restraining the defendants no. 1 and 2 from alienating and transferring the said land in favour of any body.

(3.) The case set up by the plaintiff was that Maha Singh, his father, had two wives namely Shanti from whom plaintiff was born and Savitri defendant no. 1, from whom Kuldeep was born. Kuldeep brother of the plaintiff and son of defendant No. 1 died unmarried and issue-less. Defendant No. 1 is step mother of the plaintiff. It was pleaded that the land in dispute was previously owned and possessed by Phoola son of Shib Lal and after that, it was inherited by Maha Singh and then by other heirs. Plaintiff and his father Maha Singh were governed by Hindu Law and plaintiff being son of Maha Singh and coparceners acquired right with the suit land since the time of his birth. After inheriting the property, the same was mutated in the name of plaintiff vide mutation No. 1817 sanctioned on 7.5.2008 and in this way, the suit land was ancestral and coparcenary property of the plaintiff and his father Maha Singh.