ANSHUL SINGHAL Vs. SWARNA DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal has been instituted against judgment and decree dated 8.3.2013 passed by learned District Judge, Sirmaur District at Nahan in Civil Appeal No. 14 -CA/13 of 2010.

(2.) "Key facts" necessary for adjudication of the present appeal are that appellant/plaintiff (herein after referred to as 'plaintiff' for brevity sake) has filed a suit against the respondents/defendants (herein after referred to as 'defendants' for brevity sake) for declaration to the effect that release deed No. 140 dated 19.6.1990 executed by his father defendant No. 2 (Dinesh Chand), as per array of parties in original civil suit, in favour of defendant No. 1 Shri Kuldeep Chand (since deceased) represented through his legal heirs of land comprised in Khewat/Khatuani No. 109/186, 187, 188, Khasra No. 1951, 1957, 1960 and 1963 measuring 1056.31 sq mtrs situate at Mauza Nahan, District Sirmaur, Himachal Pradesh (herein after referred to as 'suit property' for brevity sake), is wrong, illegal, null and void. Plaintiff has averred that the suit property in the hands of his father was joint Hindu family and coparcenary property in which plaintiff has 1/48th share being son of defendant No. 2. He also averred that the relinquishment deed was got prepared and executed in his favour by defendant No. 1 by exercising undue influence and providing liquor whereas defendant No. 2 being Hindu coparcener could not have relinquished the suit property.

(3.) LEARNED Civil Judge (Junior Division) framed issues on 1.6.2005. He dismissed the suit and plaintiff filed an appeal before the District Judge, who also dismissed the same on 8.3.2013, hence, this Regular Second Appeal.