KARNAIL SINGH MINHAS Vs. LASHKAR SINGH MINHAS

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the Courts whereby suit filed by Lashkar Singh Minhas - respondent No.1 in which Gurmail Singh originally arrayed as defendant No.2 was allowed to be added as plaintiff No.2 claiming declaration of joint ownership in equal share with the defendants and joint possession of kothi No.3306, Sector 32-D, Chandigarh was decreed by the trial Court vide judgment and decree dtd. 9/1/2009 and appeal preferred by unsuccessful defendant No.1 was dismissed by the Additional District Judge, Chandigarh on 28/7/2012.

(2.) The suit property is recorded to be ownership of Sh. Gurdial Singh, father of Lashkar Singh, Gurmail Singh (plaintiffs therein) and that of Karnail Singh Minhas - defendant No.1 (appellant herein), Bikram Singh Minhas - defendant No.3, Sarwan Singh - defendant No.4, Smt. Jeet Kaur - defendant No.6 and husband of Smt. Parwati Kaur @ Paru, parties in the original suit filed by Lashkar Singh Minhas.

(3.) The respondents/plaintiffs claimed equal share in the suit house on the basis of natural succession. The appellant/defendant No.1 contested the claim by alleging that the plaintiffs and other defendants have no right in the suit property as he is the real owner of the property in dispute. Sh. Gurdial Singh was simply benamidar of the appellant and he had no interest in the property in dispute. The plot was purchased in the year 1976 and house was constructed in the year 1979-80 by the appellant. The plaintiffs and other defendants were separate and had been living separately. The appellant has been residing in the disputed property with his father and mother since 1979-80. He also raised preliminary objections inter alia that the suit is not properly valued for the purpose of Court fee and jurisdiction and is barred by limitation.