MONA SINGH Vs. MUKESH

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree of the courts below, whereby, the suit of the appellants for declaration of their being owners in possession of the plot-cum-house i.e. H.No. 868, Ward No. 6, measuring 196.72 sq. yards, fully detailed in para 1 of the plaint, and for restraining the respondents/defendants from interfering in their peaceful possession, was dismissed.

(2.) The case of the plaintiffs was that the said house had been purchased by their mother Raj Rani from Pishori Lal Sikka for a consideration of Rs. 1,50,000/-. An amount of Rs. 72,000/- had been paid and an agreement was executed between Pishori Lal and Raj Rani. The remaining amount had also been paid as agreed. During the life time of Pishori Lal, Raj Rani had been residing in the suit property as tenant. The plaintiffs claimed that their mother had executed a Gift Deed (Ex. P1) in their favour. Hence, they were the owners of the suit property after her death.

(3.) The case of the defendants was that the suit property had been purchased by Pishori Lal Sikka at a public auction on 17.5.1961 for a sale consideration of Rs. 15,500/-. On the death of Pishori Lal, the property was transferred in the name of his sons, namely; Chander Kumar, Anand Parkash and Harinder Mohan. They, in turn, sold the suit property to respondent No. 5 Narender Singh for a sale consideration of Rs. 1,86,500/-. The sale deed was registered in the office of Sub-Registrar, Rohtak on 19.1.2001 and since then respondent No. 5 is owner in possession of the property. The property was also transferred in the name of respondent No. 5 in the Assessment Register by the order of E.O. Dated 30.2001 . It was denied that the house had been purchased by Raj Rani from Pishori Lal Sikka.