Avtar Singh & ANR v. Gian Singh & ORS

RSA No.1604 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.1604 of 2017 (O&M) Date of decision:17.12.2018 Avtar Singh and another ... Appellants Vs.

Gian Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Bhrigu Dutt Sharma, Advocate for the appellants.

AMIT RAWAL J. (Oral) The short point involved involved in the present appeal is whether the plaintiffs sons of Gian Singh could lay claim against his fatherdefendant no.1-Gian Singh by challenging the sale deeds dated 18.08.2000 and 21.12.1999 by establishing that subject matter of the suit property at the hands of Gian Singh was a co-parcenary. The excerpt placed on record established the ownership of Amar Singh i.e. father of Gian Singh and great grandfather of plaintiffs, therefore, they would be third generation in lineage. Had the plaintiffs been able to prove on record the devolution of the property of Natha Singh great grandfather upon Amar Singh, they would have been successful but in the absence of the same, which had already been notice by both the Courts below, the suit was liable to be dismissed and rightly has been dismissed.

SAVITA KADIAN 2018.12.18 09:42 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.1604 of 2017 (O&M) {2} No fault can be found with the findings rendered by both the Courts below.

The regular second appeal is dismissed.

(AMIT RAWAL) JUDGE December 17, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.12.18 09:42 I attest to the accuracy and integrity of this document High Court Chandigarh