KARAMJIT KAUR Vs. MUKHTIAR SINGH (DECEASED)

JUDGEMENT

(1.) CM-1175-C-2016 IN RSA-396-2016

(2.) This order of mine shall disposed of two regular second appeals, aforementioned, preferred against the judgment and decree of the lower Appellate Court, whereby the suit bearing Civil Suit No.686 of 2009, for declaration and permanent injunction decreed by the trial Court, has been dismissed. However, two sets of the appeals, at the instance of the defendants, were filed, which have been allowed. In such circumstances, two appeals have been filed before this Court.

(3.) The plaintiffs had sought the declaration claiming subject matter of the land to be ancestral by laying challenge to the two transfer deeds bearing No.3351 and 3352 dtd. 5/2/2009, on the premise that Mukhtiar Singh was the owner of the land and the property was inherited by him from his forefather and therefore, it was ancestral at his hands and could not have executed the transfer deeds in favour of two sons i.e. Makhan Singh and Roop Singh, by ignoring the son Major Singh and the LRs of Gurdev Singh, other son, (since deceased).