PREM SINGH Vs. NOKH SINGH

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Respondent, Nokh Singh, filed a suit for declaration and injunction, alleging that certain property, being shown in the revenue papers as joint of himself and his brother Prem Singh, appellant herein, was in fact his exclusive property and that the entries in the revenue papers, showing the appellant as co -owner with him, were wrong. The appellant, who was impleaded as defendant, took, the plea that the property, in question, had though been granted by way of nautor in the name of the respondent, actually, it was a joint grant because he, being the brother of the respondent had been having joint family with him, but owing to his being in government service, had been away from the village and also on account of his status as government servant neutron could no.1 have been granted in his favour. He further pleaded that mutation with respect to the transfer of half share in the suit property in his favour had been got attested by the respondent himself and that report for attestation of mutation was also made by him to the Patwari in which he stated that he had given half of the suit property to the appellant, being his brother, by way of Izadinama (release deed).

(3.) The trial Court and the first Appellate Court accepted the plea of the respondent that he is the exclusive owner and the entries in the revenue papers are wrong and contrary to the legal and factual position. The reasoning given by the two Courts below is that the value of the property, being more than Rs.100/ -, transfer in favour of the appellant could have been made by only by means of a registered deed. -