MOHINDER SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the concurrent findings, whereby the suit of the appellant-plaintiff claiming to be joint owner in possession of 1/3rd share in the land measuring 135 kanals 05 marlas by challenging the mutation dated 16.01.1967 with consequential relief of injunction seeking restraint qua alienation, mortgaging or changing the nature of the suit land, has been dismissed by the trial Court and affirmed in appeal.

(2.) Plaintiff, in the aforementioned suit, staked the claim on the premise that his grand-father Sunder Singh, during his life time, could not have sold away the right in the property in favour of the defendants during the life time of his father by virtue of the registered Will dated 24.05.1966 (Ex.D12) as it was ancestral/coparcenary property. The plaintiff acquired the knowledge of the mutation only on 08.09.2009 and, therefore, the suit was filed on 19.03.2010 as his perpetual requests upon the defendants for correction of the mutation were not acceded to.

(3.) Defendants opposed the suit and alleged that Sunder Singh, during his life time, by way of a gift deed dated 28.04.1950 gifted away land measuring 12 acres to the father of the plaintiff, namely, Dalip Singh @ Ajmer Singh and other sons Bachan Singh and Gurdial Singh. He was having all the rights in the remaining piece of land as the mutation with regard to the gift was already effected.