GULAB SINGH Vs. MAM CHAND

JUDGEMENT

(1.) HEARD . Delay of 2 days in filing and 1 day in re-filing stands condoned.

(2.) THROUGH the instant regular second appeal, the plaintiff-appellant is questioning the legality and impropriety of judgment and decree dated 23.9.2008 passed by the learned First Appellate Court below by dint of which the appeal filed by respondent-defendant has been accepted and the judgment and decree dated 22.11.2006 passed by the learned trial court, decreeing the suit, has been set aside.

(3.) ON the other hand, the stand of defendants No. 1 to 4, who are brothers, defendant No. 5, the married sister and defendant No. 6 the mother of the plaintiff, was that due to his mis-deeds the plaintiff was divested from the suit properties by deceased Ram Sarup and since the suit property was not ancestral in the hands of Ram Sarup (since deceased) he was well within his right to transfer the same in favour of defendants No. 1 to 4. It has also been pleaded that the plaintiff has no right to question the legality of the judgment and decree dated 22.4.1994, which remained unchallenged by Ram Sarup during his lifetime and by dint of the said judgment and decree they are in possession of the suit properties and mutation has also been sanctioned in their favour.