BALJEET Vs. RAM KISHAN

JUDGEMENT

(1.) Documents Annexure P-1 to P-6 are taken on record subject to just exceptions. Disposed of accordingly.

(2.) RSA No.5869 of 2018 The present appeal directs challenge against concurrent findings recorded by the Courts whereby suit for declaration and permanent injunction filed by the appellants/plaintiffs sons of Ram Kishan - defendant No.1 by assailing the release deed dated 13.06.2013 executed by Sh. Ram Kishan in favour of Naresh son of Pawan son of Ram Kishan was dismissed by the trial Court vide judgment and decree dated 10.03.2016 and appeal preferred by unsuccessful plaintiffs/appellants did not find favour with the Additional District Judge, Jhajjar and as a result findings of the trial Court were affirmed without variance.

(3.) The sole submission made by counsel for the appellants is that as land in question in the hands of Sh. Ram Kishan was ancestral coparcenary property, the plaintiffs/appellants acquired right therein by way of birth, therefore, Ram Kishan was not competent to execute release deed in favour of Naresh son of Pawan. To bring home his contention, counsel has two-fold submissions to make. It is argued that in the release deed executed by Ram Kishan, it is averred that the suit property is ancestral property. Counsel has also sought to place reliance upon mutation sanctioned in favour of Ram Kishan etc. qua inheritance to the estate of Badlu son of Mohar Singh, father of Ram Kishan.