NACHHATTAR SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Appellant/plaintiff (now represented by his legal representatives) is aggrieved of judgments and decrees dtd. 1/8/1997 and 31/3/2016 passed by the learned Civil Judge(Senior Division), Fatehgarh Sahib and the learned Additional District Judge, Fatehgarh Sahib, respectively, whereby suit filed by the plaintiff has been dismissed.

(2.) Appellant/plaintiff filed a suit for declaration to the effect that he is owner of the land as detailed in the plaint to the extent of 2/3rd share and defendants No.3 and 4 were averred to be owners in equal shares of 1/3rd share of the total land measuring 60 kanals 14 marlas as described in the plaint. The plaintiff claimed his right on the basis of a Will dtd. 28/1/1991 executed by Bachan Singh in favour of the plaintiff, defendants No.3 and 4 as well as on the basis of judgment and order dtd. 23/1/1957 passed by the learned Sub Judge, First Class, Samrala. It is further stated that mutation dtd. 13/5/1993 in favour of the plaintiff, defendants No.1 and 2 was illegal, null and void and not binding on the rights of the plaintiff and defendants No.3 and 4. Relief of permanent injunction for restraining defendants No.1 and 2 from alienating the suit property or interfering in his possession was sought. It was pleaded by the plaintiff that Bachan Singh father of the plaintiff, defendants No.1 and 2 was the owner of the suit property situated at village Barwali Khurd, Tehsil Samrala, District Ludhiana. It was stated that Bachan Singh alongwith his brothers Ajaib Singh, Naib Singh, Dhiraj Singh and Jeon Singh were owners of properties in villages Barwali Khurd, Barwali Kalan, Heddon and Mal Majra. A memo of partition dtd. 27/2/1955 was stated to have been executed between Bachan Singh and his brothers. Dhiraj Singh and Jeon Singh were dead. Their legal representatives were impleaded as respondents No.7 to 9 in the plaint. A civil suit was stated to have been filed by Bachan Singh against his brother Ajaib Singh etc. which was decided on the basis of a compromise on 23/1/1957 in which the property in question was given to Bachan Singh who continued to be the owner-in- possession of the suit property.

(3.) Bachan Singh, it was further pleaded, had two sons i.e., the plaintiff and Darshan Singh, besides, a daughter Smt. Kirpal Kaur. She was married and adequate amount of money was spent by Bachan Singh on her marriage. Darshan Singh elder son of Bachan Singh had strained relations with his father and started living at Ludhiana. Bachan Singh was claimed to be residing with the plaintiff during his life time. Bachan Singh died on 21/6/1992 and he was averred to have executed a Will dtd. 28/1/1991 in favour of the plaintiff to the extent of 2/3rd share of his property and to the extent of 1/3rd share in favour of defendants No.3 and 4 i.e., the minor sons of Darshan Singh. Mutation in favour of the plaintiff and defendants No.1 and 2 was however wrongly sanctioned on 13/5/1993 by the Assistant Collector, First Grade, Samrala by ignoring Will dtd. 28/1/1991. As defendants No.1 and 2 started threatening the possession of the plaintiff over the suit land and sought to alienate the same on the basis of mutation dtd. 13/5/1993, the present suit was filed.