HARKULDEEP SINGH Vs. BAHADUR SINGH

JUDGEMENT

(1.) I have heard learned counsel for the appellant and perused the record of this case.

(2.) The judgment and decree dtd. 30/11/2015 passed by Civil Judge (Jr. Divn.) Mohali, by which the suit of the plaintiff-appellant has been dismissed as well as judgment and decree passed by the Additional District Judge, SAS Nagar, Mohali, rendered in Civil Appeal No. 30 of 1/3/2016 on 5/10/2018 affirming the judgment and decree of the trial Court, are under challenge in this appeal.

(3.) The plaintiff alleged in the plaint that his father was owner and in possession of the suit property having inherited the same from his father, grandfather and great grandfather as the property was ancestral and the same being coparcenary property was in the hands of his father in which the plaintiff, being his only son and legal heir, would have a right by birth to inherit the same. Admittedly, Nirmal Singh died on 1/6/2010 leaving behind the plaintiff as only legal heir, thus, after him he would have a legal right to succeed the suit property. It has been alleged that defendants are stranger to the family and, thus, no right, title or interest in the suit property but they have started their claim and they have openly threatened the plaintiff to alienate the property also. The revenue officials have also have not entertained the application of the plaintiff for passing the mutation order in his favour, thus, the suit for declaration and permanent injunction was filed.