Rajbir Singh And Anr vs Sarabjit Singh And Ors
2024 Latest Caselaw 10622 P&H

Punjab-Haryana High Court

Rajbir Singh And Anr vs Sarabjit Singh And Ors on 2 July, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                     Neutral Citation No:=2024:PHHC:081488




RSA-1325-2021(O&M)              1



126   IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                             RSA-1325-2021(O&M)
                                             Date of decision : 02.07.2024

Rajbir Singh and another                                       ...Appellants

                                             Vs.

Sarabjit Singh and others                                      ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:    Mr. Surinder Sharma, Advocate
            for the appellants.

                         ***

ANIL KSHETARPAL, J. (Oral)

1. In this regular second appeal, the plaintiffs assail the correctness

of concurrent findings of fact arrived at by the Courts below while dismissing

their suit for grant of decree of declaration that they are owner and in joint

possession of the land measuring 12 kanals out of joint the total land measuring

112 kanals 06 marlas and the sale deed dated 10.01.2008 executed by Sh.

Harpreet Singh and Sh. Gurdeep Singh is illegal and without legal necessity. It

was also claimed by the plaintiffs that the property is joint Hindu family co-

parcenary property. The sale deed was executed by the father of plaintiffs No.1

and 2 (Sh. Harpreet Singh) as well as Sh. Gurdeep Singh (father of the plaintiff

No.3). It came on the record that Sh. Jassa Singh and Sh. Lakha Singh inherited

the property from their father Sh. Niranjan Singh on the basis of testamentary

deposition. Thereafter, Sh. Jassa Singh also bequeathed the property through a

Will in favour of his widow and three sons including Sh. Harpreet Singh and

Sh. Gurdeep Singh. Thus, both the Courts found that the property is not a co-

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Neutral Citation No:=2024:PHHC:081488

parcenary property.

2. Learned counsel representing the appellant while referring to the

statement of the translator submits that Sh. Niranjan Singh received the

property from his father Sh. Mool Singh by natural succession. Hence, the

property is a co-parcenary property.

3. This Court has considered the submissions made by the learned

counsel representing the appellants.

4. The dispute is with respect to property in the hands of

Sh. Harpreet Singh and Sh. Gurdeep Singh. They admittedly succeeded to the

property by virtue of Will executed by their father-Sh. Jassa Singh,

bequeathing the property in favour of the widow and three sons, hence, there is

no error in the judgments passed by the Courts below.

6. The appeal is dismissed.

7. All the pending miscellaneous applications, if any, are also

disposed of.

                                                           (ANIL KSHETARPAL)
02.07.2024                                                      JUDGE
neeraj
               Whether speaking/reasoned :           Yes          No
               Whether Reportable :                  Yes          No




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