Gurjant Singh And ORS v. Jaswant Singh And ORS

RSA No.2993 of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2993 of 2016 (O&M) Date of Decision.06.02.2019 Gurjant Singh and others ...Appellants Vs Jaswant Singh and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Ms. Ruchi Sekhri, Advocate for the appellants.

-.- AMIT RAWAL J. (ORAL) C.M. No.8001-C of 2016 For the reasons stated in the application, delay of 1 day in filing of the appeal is condoned.

Application is allowed.

C.M No.8000-C of 2016 For the reasons stated in the application, delay of 12 days in re-filing of the appeal is condoned.

Application is allowed.

RSA No.2993 of 2016 The short point involved in the present case is whether the appellants-plaintiffs can be permitted to claim declaration in the year 2012 on the basis of registered Will of 1960 when partition proceedings at their behest had already been initiated, the answer would be 'no'. A person cannot be permitted to approbate and reprobate in claiming the entire property and defendant also claimed separate possession by way of partition. Be that as it may, the dispute is with regard to estate of Mehar Singh, grandfather of the plaintiffs PANKAJ KUMAR 2019.02.08 10:31 I attest to the accuracy and integrity of this document

RSA No.2993 of 2016 (O&M) -2and maternal grandfather of the defendant, who died in 1960. Mutation of inheritance was sanctioned on the basis of natural succession. If at all there was a Will, nothing prevented the plaintiffs to produce the revenue record. Manipulation, fraud and other things cannot be raised in the year 2012.

In view of aforementioned facts, I do not find any illegality and perversity in the judgments and decrees rendered by the Courts below, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. Resultantly, the second appeal is dismissed.

(AMIT RAWAL) JUDGE February 06, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.02.08 10:31 I attest to the accuracy and integrity of this document