MUNNI RAM Vs. FAKIR CHAND

JUDGEMENT

(1.) Defendant No.1 is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the plaintiff was declared owner of half share of truck bearing registration No. HR 47-4738.

(2.) The plaintiff has filed a suit for declaration alleging that defendant No. 1 has purchased the aforesaid truck in partnership with him, but the truck was registered as owned by defendant No.1 exclusively. The plaintiff relies upon an affidavit dated 10.9.1996 allegedly executed by defendant No. 1, wherein the defendant has admitted the contribution of the plaintiff in the purchase of said vehicle to the extent of half share and that both parties shall be owner of half share each. Both the Courts have relied upon the said affidavit to return a finding that the plaintiff is owner to the extent of half share in the said truck.

(3.) Learned counsel for the appellant has argued that the truck is recorded to be in the ownership of the defendant alone as per the registration certificate, therefore, on the basis of affidavit dated 10.9.1996, the plaintiff cannot claim to be owner of the said truck to the extent of half share. It is also contended that sale and purchase of a motor vehicle cannot be regulated by way of such an affidavit produced by the plaintiff. Reliance is placed on the Division Bench of this Court in Vipin Kumar Sharma v. Jagwant Kaur and others, 2005(3) PLR 454 : (AIR 2006 (NOC) 327).