RAKHA SINGH Vs. TULSA SINGH

JUDGEMENT

(1.) The application is allowed, subject to all just exceptions. Legal representatives of respondent No.1 -Tulsa Singh as mentioned in the application are ordered to be brought on recorded for the purpose of prosecuting the present appeal. The present Regular Second Appeal is directed against the concurrent findings of facts and law, whereby, appellant-plaintiff has not been successful in claiming declaration of ownership in joint possession of suit property qua share of Lachhman Singh son of Albel Singh son of Ramu.

(2.) It was asserted that Albel Singh had three sons Tulsa, Lachhman Singh and Rakha Singh and one daughter Charan Kaur. During the life time of Rakha Singh and Tulsa, sons of Tulsa instituted the civil suit against Lachhman Singh, who was un-married and issueless, and obtained the compromise decree dtd. 7/5/1986. Tulsa died in the year 1993 and on acquisition of the knowledge with regard to aforementioned decree in the year 2004, a suit was filed as partition proceedings were initiated in the year 2002. It was also alleged that decree required registration.

(3.) Defendants no.1, 3 to 5, 8 to 12 filed the separate written statement, contested the suit by supporting the decree. Factum of registration was denied. The suit was stated to be barred by law of limitation. An application submitted by the defendants for correction of khasra girdawari was allowed by the Assistant Collector II Grade. The appeal filed by the plaintiff before SDM was dismissed and confirmed the possession of the answering defendants. The litigation was stated to be outcome of malafide intention and frustration. The plaintiff himself filed an application for correction of khasra girdawari before the AC II Grade, Fatehgarh Sahib which was dismissed on 18/10/2004 and appeal on 21/6/2005. Lachhman Singh during his life time did not challenge the decree till 1994 therefore there was no element of fraud and mis- representation.