KULTAR SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) This second appeal has been filed by Kultar Singh, i.e. the plaintiff in Civil Suit no.53/28.2.96, instituted before the learned Civil Judge (Junior Division), Phagwara, that suit having been dismissed on 28.04.2001, with the first appeal filed against that judgment and decree also having been dismissed by the learned Second Additional District Judge, Kapurthala, on 24.03.2004. The defendants in the suit, i.e. the present respondents, are all brothers and sisters of the appellant-plaintiff.

(2.) The bone of contention between the parties is a double storeyed house (stated in this court to be of an area of about 200 sq. yards), previously owned by the father of the parties (Mehtab Singh) who died on 07.02.1996.

(3.) The appellant-plaintiff further contended that the alleged sale deed dated 11/12.01.1996 was actually never executed by Mehtab Singh and was therefore the result of a fraud perpetuated, with Mehtab Singh having been impersonated by some other person (at the instance of respondent-defendant no.1). It was further contended that actually there was no sale consideration also passed by the said respondent to Mehtab Singh, i.e. the father of the parties.