Sewa Ram Through His Lr vs Sushila (Deceased) Through Her ...
2022 Latest Caselaw 15495 P&H

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 112


                                                         Regular Second Appeal No.2560 of 2022
                                                            Date of Decision: December 01, 2022


                       Sewa Ram (deceased) through LR
                                                                               ..... APPELLANT(S)
                                                         VERSUS
                       Sushila, through LRs & others
                                                                             ..... RESPONDENT(S)

                                                            ...

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

...

PRESENT: - Mr. Santosh Kumar Tripathi, Advocate, for the appellants.

. . .

Tribhuvan Dahiya, J (Oral)

This is defendant's regular second appeal against concurrent

findings recorded by both the Courts below.

Respondent No.1-plaintiff filed a suit for possession by way

of partition submitting that the property bearing house tax Nos.5672 and

5673 is joint property of the parties to the suit, and she was having 1/6th

share in the same. Therefore, it be partitioned by metes and bounds. The trial

Court decreed the suit and passed a preliminary decree holding that the

plaintiff/her legal heirs were entitled to have 1/6th share in the property in

dispute, along with the defendants whose shares were also defined. The

lower appellate Court affirmed the findings.

The only argument raised by learned counsel for the

appellant/defendant no.6 is that the property bearing No.5672 is not the joint

property, and should not have been partitioned. In support of his contention, AVIN KUMAR 2022.12.06 09:12 I attest to the accuracy and authenticity of this order/judgment.

RSA No.2560 of 2022 [2]

he has relied upon a house tax receipt in the name of Mussadi Lal pertaining

to house tax No.5672, which is Exh.DW1/1.

A perusal of the judgment passed by the lower appellate

Court establishes that in an earlier suit titled Pyare Lal vs. Fateh Singh

before the trial Court at Rewari, defendant No.6, Sewa Ram, (appellant

herein) filed an affidavit, Exh.PW10/1, clearly stating that the properties

bearing house tax Nos.5672 and 5673 were jointly owned by the parties.

Plaintiff Sushila, was defendant No.4 in the said suit. Further, defendant

No.6 appeared as DW-2 in that suit, and made an admission regarding

mutual settlement dated 09.05.1987 based upon which the earlier civil suit

was filed. Therefore, at this stage, defendant No.6 cannot be allowed to take

a contrary stand. Further, reliance placed by the learned counsel on the

house tax receipt is also mis-placed, since as per the settled proposition of

law, house tax receipt cannot be taken to be a document of title.

In view of the aforesaid, no ground is made out to interfere

with the concurrent findings recorded by the Courts below is made out.

Dismissed.

                                                                       (Tribhuvan Dahiya)
                                                                             Judge
                       December 01, 2022
                       avin




                       Whether Speaking/ Reasoned:                         Yes/ No
                       Whether Reportable:                                 Yes/ No



AVIN KUMAR
2022.12.06 09:12
I attest to the accuracy and
authenticity of this
order/judgment.