L.N.MITTAL, J. - (1.) DEFENDANTS no.1 to 4, who were successful in the trial court, but have been unsuccessful in the lower appellate court, have filed the instant second appeal.
(2.) LAKHMIR Singh had only one son i.e. Harcharan Singh and two daughters i.e. Gurjit Kaur respondent no.1/plaintiff and Rajinder Kaur defendant no.8/proforma respondent no.5. Harcharan Singh died on 30.08.2001 during the lifetime of Lakhmir Singh. Harcharan Singh left behind defendants no.1 to 3 as minor sons and defendant no.4 as widow. Case of the plaintiff is that relinquishment deed dated 10.06.2001 registered on 10.09.2001 allegedly executed by Lakhmir Singh in favour of defendants nos. 1 to 3 regarding suit land measuring 55 kanals 01 marla is illegal and null and void along with consequent mutation no.638 entered on its basis because the said release deed was not executed by Lakhmir Singh and also because the suit land being self acquired property of Lakhmir Singh, he could not transfer it by way of release deed to defendants no.1 to 3, who had no pre-existing right in the suit land. Consequently, the plaintiff also sought relief of joint possession of the suit land being among the legal heirs of Lakhmir Singh, who died on 25.10.2001. Ancillary relief of permanent injunction was also claimed.
(3.) DEFENDANTS no.1 to 5 broadly controverted the plaint allegations, while admitting the relationship between the parties. It was pleaded that Lakhmir Singh himself executed the registered release deed dated 10.09.2001 in favour of defendants no.1 to 3, who have accordingly become owners in possession of the suit land. Defendant no.8 also supported the case of defendants no.1 to 5. Defendants no.6 and 7 filed written statement broadly taking the same stand. Release deed was pleaded to be legal and valid by all the defendants.;