HARDEV SINGH Vs. BHAN SINGH

JUDGEMENT

(1.) CM No. 5581-C of 2015

(2.) The present appeal has been filed by L.Rs. of deceased-Hardev Singh to challenge impugned judgment and decree dated 11.12014 passed by the Additional District Judge, Sangrur as well as judgment and decree dated 23.08.2012 passed by the Civil Judge (Junior Division), Malerkotla.

(3.) Briefly, the facts of the case are that the appellants-plaintiffs filed a suit for possession to the extent of 1/6th share of land and also for declaration that the land in dispute is Hindu joint family, coparcenary and ancestral property. The sale deeds dated 005.2001, 07.05.2001, 09.05.2001, 10.05.2001 and 14.05.2001 were executed by defendant No.1 in favour of defendant No.2 without legal necessity and not for benefit of estate. It was done without consent of coparceners and same are stated to be illegal, null and void and were liable to be set-aside. It was also prayed in the suit that the mutation numbers of said sale deeds were also liable to be struck down. A further prayer was also made for restraining defendant No.2 from further alienating the suit property by way of sale, mortgage or lease etc. The suit was contested by the respondents-defendants by filing written statement stating therein that it was neither ancestral nor coparcenary property and the plaintiffs were not having any right over the property. Defendant-Bhan Singh performed marriage of his daughter and the amount spent on marriage was borrowed. It was to be returned by way of sale consideration. The said suit filed by the plaintiffs-appellants was dismissed vide judgment and decree dated 208.2012.