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High Court of Punjab and HaryanaCR/4336/2024dismissed

Jagmandeep Singh v. Saravjeet Singh And ORS

2024-08-13Mr. Justice Pankaj Jain5 pages

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"Suit for Declaration to the effect that the Plaintiff is owner in joint possession of 5.6 Marla in the house no. 7 Green Enclave Mohali, Daun, Tehsil & District Mohall shown as ABCD in the rough site plan measuring 400 Sq. Feet (40'X90') i.e. 16 Marlas which is bounded as under:- East: House of Kashmir Singh and Bhupinder Singh measuring 40ft West: Street measuring 40 ft North: House No.6 of Jagdish Singh measuring 90ft South: Plot of Gagan Bearing No. 8 measuring 90 ft And the same is comprised in Khewat/Khatauni No. 185/227 bearing Khasra No.40//17(80), Khewat/Khatauni No. 185/227 bearing Khasra No.40//18(8-0) situated in the area of village Daun, H.B. No. 27, Tehsil Mohali, & District Mohali AND Further declaration to the effect that the sale deed/Transfer Deed bearing Vasika /Document No. 2018-19/3/376 dated 12.04.

2018 in respect of 7 Marlas of land out of suit property executed by Manjit Kaur w/o Jang Singh in favour of Sarabjit Singh S/o lang Singh and Vasika no. 201819/3/379 dated 12.04.2018 in respect of 5 Marlas of land out of suit property executed by ManjitKaur in favour of Gurpreet Singh S/o Jang Singh are Illegal null and void and liable to be set aside being without consideration and product of fraud and misrepresentation" 5A That Jang Singh died on 31.12.2017 intestate, whereas after his death the 8 Marlas owned by Jang Singh were mutated in the name of Manjit Kaur, Plaintiff and Defendants in equal share meaning thereby the Plaintiff became the owner of 2 Marlas Manjit Kaur became the owner of 10 Marlas whereas the Defendants No.

"6A That after the death of Manjit Kaur who died on 14.09.2018 the share of Manjit Kaur was inherited by the Plaintiff and Defendants in equal share meaning thereby the Plaintiff inherited 3.7 Marlas out of the share

of Manjit Kaur after her death and 3.7 marlas each were inherited by Defendant no.1 & 2 in the share of Manjit Kaur." "6 B That the Plaintiff was already having 2 Marias which he got through Vasika/Document no. 2018- 19/3/3899 dated 09.07.2018 and thereafter he Inherited 3.7 Marias out of the share of Manjit Kaur thus the Plaintiff became the owner and in possession of 5.7 Marlas of land in the suit land Sarabjit Singh is in possession of more share then he is entitled to get i.e. 7 Marias which is totally illegal"

"12. That the value of the suit for the purpose of the Declarations, partition, and Permanent Injunction the court fee and jurisdiction is Rs.1000/- and a court fee of Rs.200/- is affixed on the plaint."