HARINDER SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing Nos.634 and 725 of 2017 at the instance of the appellantplaintiff against the judgment and decree of the Lower Appellate Court whereby suit of the plaintiff decreed by the trial Court, has been dismissed.

(2.) The plaintiff sought the joint possession to the extent of 1/3rd share out of the property as co-parcener and declaration by challenging two sale deeds dtd. 29/11/2001 and 29/5/2002 executed by defendant no.1 in favour of defendant nos.1A and 1B respectively with injunction restraining the defendants from alienating the suit property.

(3.) By arraying defendant no.1-Dial Singh, who died during the pendency of the suit it was alleged that Fateh Singh, grandfather of the plaintiff had died on 16/1/1973 and the suit property was inherited by Dial Singh-defendant no.1 by way of natural succession. Fateh Singh was owner in possession of the landed property in village Sihoran District Ambala and at Sirhand, Tehsil and District Fatehgarh Sahib. The grandfather of the plaintiff sold the property at village Sihoran and purchased the agricultural land in the name of defendant no.1 in village Brahaman Majra Tehsil and District Sirhand. Defendant Dial Sigh sold some ancestral property of the aforementioned village in the year 1994 and in lieu of the sale proceeds, purchased the property in his name, thus, for all intents and purposes, the nature and character of the property was ancestral and the plaintiff had a right in the property by birth, therefore, defendant no.1 could not transfer the land by way of impugned sale deeds.