HANS RAJ Vs. PREM CHAND AND ORS

JUDGEMENT

(1.) For the reasons stated in the application and the delay being insignificant, the same is allowed. Delay of 46 days in filing the appeal is condoned.

(2.) Plaintiff-Appellant is aggrieved of the concurrent findings of both the courts below whereby his suit for declaration and permanent injunction has been dismissed vide judgment and decree dated 18.10.2014 passed by learned Civil Judge (Jr. Division), Pathankot and the findings were affirmed by the lower Appellate Court vide judgment and decree dated 16.2.2016.

(3.) The suit was filed on the premise that originally Sain Dass was co-owner in possession of the land as mentioned in the head note of the plaint. He expired on 17.4.2012 leaving behind four (4) Class-1 legal heirs i.e plaintiff/defendants. Afore-said property was purchased in the name of said Sain Dass by the plaintiff out of sale consideration provided by the plaintiff as a token of respect of his father, for, the plaintiff had been serving in the Army and was also looking after said Sain Dass during his life time. In the year, 2003 due to severe illness, the father of the plaintiff and the defendants i.e. Sain Dass lost his memory and started living with the defendants in village Ferozpur Kalan whereas the defendants after taking undue advantage of the same illegally got executed sale deed dated 06.09.2005.