SURAJ KAUR Vs. VED PARKASH

JUDGEMENT

(1.) This order of mine shall dispose of two regular second appeals bearing RSA No. 5840 of 2017 titled as "Suraj Kaur v. Ved Parkash and others" filed at the instance of appellant-defendant No. 1 and RSA No. 2059 of 2018 titled as "Ved Parkash v. Suraj Kaur and others" filed at the instance of appellant-plaintiff, as both the appeals have arisen out of the common Civil Suit No. 552 of 2007 titled as "Ved Parkash and others v. Smt. Suraj Kaur and others" for declaration with consequential relief of permanent injunction seeking restraint qua alienation of the property'.

(2.) The children of defendant No. 1-Suraj Kaur, claimed declaration of ownership asserting the right in the property to be ancestral by challenging the sale deed dtd. 30/9/1969, executed by the father, being husband of defendant No. 1.

(3.) It was alleged that their father-Rameshwar Dayal, inherited the property from Chanderbhan and Khayali, therefore, they being 4th generation in lineage, had the right by birth. The sale deed was without legal necessity.