(O&M) Puran Singh v. Mukat Pal And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** RSA-2236-1993 (O&M) Date of Decision.:24.04.2025 Puran Singh Appellant Vs.

Mukat Pal and Others Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Rajinder Goel, Advocate and Mr. Manoj Sharma, Advocate for the appellant.

Mr. P.R. Yadav, Advocate for the respondents.

**** DEEPAK GUPTA, J. (ORAL) Dispute pertains to the property which was once owned by defendant No.4 Dalip Singh and defendant No.5 Shishpal Singh. Both of them are sons of Lakhu Singh. Lakhu Singh had two more sons namely Gugan and Amar Singh. Plain*ff Puran Singh is the son of Gugan i.e. nephew of Dalip Singh and Shishpal Singh. Defendant Nos.1 to 3 are grandsons of Amar i.e. grandsons of brother of defendants Dalip Singh and Shishpal Singh. Defendant Nos.4 and 5 suffered a decree dated 10.10.1985 in favour of defendant Nos.1 to 3 i.e. in favour of the grandsons of their brother, which was challenged by the plain*ff, by asser*ng the suit property to be ancestral qua him. Though the trial Court decreed the suit on 03.05.1991 but the Appellate Court reversed the findings vide judgment dated 06.09.1993 and dismissed the suit.

NEETIKA TUTEJA 2025.04.25 12:57 I attest to the accuracy and integrity of this document

RSA-2236-1993 (O&M) -2The aforesaid reversal has been assailed by the plain*ffs before this Court.

Learned counsel for the appellant- plain*ff is unable to convince this Court as to how the suit property was ancestral qua the plain*ff who was only a collateral to defendant Nos.4 and 5.

Though learned counsel for the appellant contends that there was some custom but no such custom was proved on record. This Court does not find any illegality or perversity in the findings returned by the first Appellate Court.

Dismissed.

( DEEPAK GUPTA ) JUDGE April 24, 2025 Nee*ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.04.25 12:57 I attest to the accuracy and integrity of this document