CHET RAM Vs. INDER SINGH

JUDGEMENT

(1.) The Defendant No. 2 is in appeal against the judgement, decree dated 1.9.1999 passed by learned District Judge, Shimla in Civil Appeal No. 48/S/13 of 1996 affirming the judgement, decree dated 25.6.1996 passed by learned Sub Judge 1st Class (1), Rohru in Civil Suit No. 178/ 1 of 1990.

(2.) The facts in brief are that Respondents No. 1 and 2 had filed a suit for declaration and permanent prohibitory injunction to the effect that gift-deed No. 6 of 1990 dated 21.7.1990 with respect to khasra Nos. 1327, 1343 and 1449, Chak Sharontha, Tehsil Rohru, District Shimla is illegal, null and void in view of private partition, which took place between the parties on 18.1.1986. The mutation No. 51 dated 27.8.1990 based upon gift deed executed by Nazar Mal in favour of Appellant was also challenged. The Respondents No. 1 and 2 have claimed the suit property to be the separate property on the basis of family partition, which took place on 18.1.1986. In the suit, consequential relief of permanent prohibitory injunction was also prayed.

(3.) The suit was contested by Nazar Mal and the Appellant. They took preliminary objections of valuation of the suit, jurisdiction, estoppel, non-joinder of necessary parties. On merits, they denied the family partition. It was pleaded that suit property was in exclusive ownership and possession of Nazar Mal, who had alienated in favour of Appellant. The Appellant has claimed ownership and possession over the suit land on the basis of transfer made by Nazar Mal in his favour. The Respondents No. 1, 2 filed replication and reiterated their stand, which was taken by them in the plaint.