RAJINDER KUMAR AND ANR. Vs. BALDEV RAJ AND ORS.
LAWS(P&H)-2011-3-638
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 14,2011

Rajinder Kumar And Anr. Appellant
VERSUS
Baldev Raj And Ors. Respondents

JUDGEMENT

L.N. Mittal, J. - (1.) THIS is second appeal by legal representatives of Shyam Lal Plaintiff since deceased having failed in both the Courts below.
(2.) IN the suit the Plaintiff challenged alienations made by his father Madho Ram by way of sale, gift, exchange etc. The suit land is situated in two villages. The land in village Muchhal was allegedly inherited by Plaintiffs father Madho Ram from his own father Narain Dass whereas 1/3rd share in the land situated in village Sangarkot was inherited by Plaintiffs grandfather Narain Dass from his maternal grandmother. It was pleaded that the suit land was coparcenary, joint Hindu property of Plaintiff and his brother Hari Ram (father of Defendants No. 1 and 2) along with their father Madho Ram. Alienations made by Plaintiff's father Madho Ram were without consideration and legal necessity. Contesting Defendants broadly denied the plaint allegations and raised various pleas.
(3.) LEARNED Additional Civil Judge (Senior Division), Baba Bakala vide judgment and decree dated 3.2.2003 dismissed Plaintiffs suit. First appeal preferred by the Plaintiff has been dismissed by learned Additional District Judge (Adhoc), Fast Track Court, Amritsar vide judgment and decree dated 31.1.2007. Feeling aggrieved, legal heirs of Plaintiff have filed the instant second appeal.;


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