KARNAIL SINGH Vs. JHAGAR SINGH

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment of the Addl. District Judge affirming in appeal the judgment and decree of the trial Court whereby his suit was dismissed.

(2.) Plaintiff filed a suit for declaration to the effect that he is owner and in possession of land measuring 37 kanals 4 marlas as detailed in the head note of the plaint and so defendants have no right to interfere with his right over the land in dispute. According to the plaintiff, one Smt. Premi widow of Ran Singh was owner of the land who gifted land measuring 37 kanals 4 marlas in favour of plaintiff by virtue of a gift deed dated 26.6,1961. Despite the gift deed, no mutation was sanctioned in favour of plaintiff and so the land remained in the name of Smt. Premi. Precisely for this reason, defendants have now laid claim being heirs of Smt. Premi.

(3.) Defendant No. 5 contested the suit. In his written statement, it has been stated that the plaintiff is in possession of the suit land and so suit for mere declaration does not lie. Other objections with regard to limitation and suit having not been properly valued for the purpose of court fee and jurisdiction have also been taken. In addition there to, it has been stated that the land in dispute has not been allotted during the consolidation of holding in the village in lieu of the gifted land and so plaintiff has no claim to the suit property.