Kelapati v. Shamsher Singh And ORS
RSA No.644 of 2013 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.644 of 2013 (O&M) Date of Order: 19.04.2018 Smt. Kelapati ..Appellant
Versus
Shamsher Singh and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. R.A.Sheoran, Advocate, for the appellant.
Mr. Anurag Jain, Advocate, and Ms. Amandeep Kaur, Advocate, for respondent nos.4 to 7.
ANIL KSHETARPAL, J(Oral) Plaintiff no.1-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the courts below. The dispute in the present case is with respect to the estate of Amar Singh who died on 20.07.1962. Late Sh. Amar Singh was issueless. Therefore, on the death of late Sh. Amar Singh, property came in the hands of Pohlu, the brother of late Sh. Amar Singh, who was only surviving brother. Pohlu executed a Will in favour of his grand son Shamsher Singh. Thereafter, Sharmsher Singh and others have sold the property by registered sale deed dated 11.02.1993. The present suit came to be filed in the year 2001.
Both the courts have held that the suit is barred by time as there was a registered sale deed in favour of defendants no.4 to 7 and a registered sale deed is deemed to be in the knowledge of every one as per Section 3 of Naresh Kumar 2018.04.24 12:40 I attest to the accuracy and integrity of this document Chandigarh
RSA No.644 of 2013 (O&M) -2the Transfer of Property Act.
Learned counsel for the appellant has submitted that the appellant Kelapati was daughter of Zile Singh and, therefore, she has to be given 1/8th share in the property. It is admitted fact that the property never came in the hands of Zile Singh. Late Sh. Pohlu, who died on 09.09.1977 had executed a will in favour of his grand son i.e. Shamsher Singh. Such being the position, there is no ground to interfere with the concurrent findings of fact arrived at by the courts below. The regular second appeal is dismissed.
April 19, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.04.24 12:40 I attest to the accuracy and integrity of this document Chandigarh