MANJIT SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) The suit filed by the plaintiff-appellant was dismissed by the trial court, vide judgment and decree dated 24.7.2015, and as even the appeal preferred against the said decree failed and was dismissed on 26.10.2017, he is before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) The plaintiff prayed for a declaration that he happened to be a joint owner in half share of a plot measuring 10 marlas 99 sq. ft., situated at Village Mubarakpur, and a site measuring 3 marlas, situated at village Chak Hussaina, comprised in specific khasra numbers depicted in the cause title of the plaint, for these were purchased by the defendant with the share of the plaintiff in FDRs left by her adoptive father and husband of defendant, Sh. Mohan Singh. Further, the sale deed dated 3.1.2011, qua the land measuring 10 marlas and 99 sq.ft, and the sale deed dated 10.1.2011 in respect of the site measuring 3 marlas were results of fraud and null and void.

(3.) In brief, the case set out by him was that plaintiff happened to be a crane driver and was currently working in Dubai, and therefore, the present suit was being filed by his attorney, namely Palwinder Singh. Plaintiff was an adopted son of late Mohan Singh and his wife (Narinder Kaur). His adoptive mother, i.e. Narinder Kaur, expired in 1995-96 and late Mohan Singh solemnised second marriage with defendant (Joginder Kaur). Subsequently, even late Mohan Singh died intestate on 29.11.2010. Where after, the defendant encashed the FDRs of late Mohan Singh in an illegal manner and out of those proceeds, she purchased the suit property, pursuant to the sale deeds, indicated above, in her name. But, as the plaintiff happened to be the adopted son of late Mohan Singh, he had half share in the said FDRs, which the defendant had misappropriated. For the defendant declined to admit the claim of the plaintiff, and rather, proclaimed herself to be an exclusive owner of the suit property, thus the suit.