SWARAN SINGH Vs. PARVEEN KUMAR

JUDGEMENT

(1.) Appellants/Plaintiffs are aggrieved of judgments and decrees dated 13.03.2015 and 21.07.2017 passed by the learned Civil Judge(Senior Division), Panchkula and the learned Additional District Judge, Panchkula, respectively, whereby suit filed by the plaintiffs has been dismissed.

(2.) Present appellants-plaintiffs alongwith two others i.e., Kasturi Devi and Satya Devi who are not arrayed as parties in this appeal, filed a suit for declaration and permanent injunction to the effect that plaintiff/appellant No.1 Swaran Singh alongwith defendants No.9 to 11 in the suit (again not arrayed as parties to this appeal) are joint owners-in-possession of the suit property as detailed in the plaint to extent of 136 th share each and that the other three plaintiffs including appellant No.1 are co-owners in possession of the suit property to the extent of 1/9th share each as per Jamabandi for the year 1997-98. It is pleaded that registered gift-deed No.407/1 dated 18.11.2003 alleged to be executed by Ram Sarup son of Albela in favour of defendant No.1-Parveen Kumar, is illegal, null and void and not binding on the rights of the plaintiffs and proforma respondents. Mutation sanctioned pursuant to the gift-deed was also challenged. Consequential relief of permanent injunction restraining defendant No.1 from alienating the suit property was sought.

(3.) As per the pleadings, property in question belonged to one Ram Sarup, who was the maternal grandfather of plaintiff No.1 and proforma defendants No.9 to 11. Plaintiffs No.2 to 4 and defendants No.2 to 5 are his daughters. It is pleaded that property in the hands of Ram Sarup was ancestral in nature. He was blessed with nine daughters. It is averred that Ram Sarup died intestate on 17.03.2008 and his property devolved upon the parties as per law of succession. Agricultural land of Ram Sarup was claimed to be inherited by the plaintiffs alongwith defendants vide mutation Nos.1384 and 504 dated 17.09.2010 and 29.05.2010, respectively. When the plaintiffs approached the Halqa Patwari of village Toda regarding sanctioning of mutation of agricultural land of village Toda in their favour, it came to light that mutation regarding the said property has already been sanctioned in favour of Parveen Kumar, defendant No.1, on the basis of a gift-deed. Certified copy of the said gift-deed dated 18.11.2013 was thereafter obtained by the plaintiffs. It is specifically pleaded that the impugned gift-deed was never executed by Ram Sarup as he never disclosed the same to anyone. The said document is claimed to be a fraudulent one, procured by defendant No.1-Parveen Kumar by playing a fraud with Ram Sarup in connivance with the witnesses. When defendant No.1 refused to accede to the claim of the plaintiffs, suit was filed.