DOLE RAM Vs. KHIMI RAM

JUDGEMENT

(1.) Tarlok Singh Chauhan, Judge Aggrieved by the judgment and decree passed by the learned first appellate Court whereby it set aside the judgment and decree passed by the learned trial Court, decreeing the suit of the plaintiff, the defendant-appellant has filed the instant second appeal.

(2.) The parties hereinafter shall be referred to as the "plaintiff" and the "defendant"

(3.) The plaintiff filed a suit for declaration to the effect that the gift deed No.32 executed by late Shri Ram Dass on 30/1/2004 and registered on 31/1/2004 in favour of the defendant, in respect of the suit land comprised in Khata Khatauni No.103/131-132, kita 26, measuring 3-19-8 bighas was jointly owned and possessed by the plaintiff and late Shri Ram Dass and the same was inherited by him from the mother of plaintiff, Smt. Nauja Devi, through inheritance i.e. through mutation No.1232 excluding his (plaintiff's) legal right and late Shri Ram Dass was his real brother. The suit land was 'Mitakshara' coparcenary property and since late Shri Ram Dass died intestate, therefore, plaintiff being the only legal heir was entitled to inherit his property. The defendant appears to have got mutation No.1727 entered in the revenue record on the basis of gift deed alleged to have been executed in his favour by late Shri Ram Dass, which too was assailed in the suit.