Amit Rawal, J. - (1.) (Oral) - CM No. 1106-C of 2015 in RSA No. 399 of 2015 For the reasons stated in the application, which is duly supported by an affidavit, delay of 28 days in refiling the appeal is condoned. Application is allowed. CM No. 1107-C of 2015 in RSA No. 399 of 2015 Prayer in the application is for deleting the name of Gurbax Singh-respondent No.2 who has already died because his LRs are already on record. For the reasons stated in the application, same is allowed. CM No. 1108-C of 2015 in RSA No. 399 of 2015 This is an application under Order 41, Rule 27 CPC, for additional evidence. No ground is made out for placing on record the additional documents. Dismissed. Main case
(2.) This order of mine shall dispose of two regular second appeals bearing No.399 of 2015 arising out of Civil Suit instituted on 07.10.2004 (hereinafter to be referred as First Suit) at the instance of wife and daughters of Gurbax Singh claiming declaration that Tabdil Malkiat nama i.e. transfer deed dated 23.09.2004 executed by Gurbax Singh in favour of defendant No.2 being illegal, null and void in respect of suit property and consequential relief of permanent injunction, has been dismissed by both the Courts below.
(3.) Mr. C.L. Verma, learned counsel appearing on behalf of appellants submits that aforementioned transfer deed allegedly executed by Gurbax Singh was challenged by filing the aforementioned suit during the lifetime of the Gurbax Singh and thereafter Gurbax Singh died on 26.02.2005. Suit property is in respect of land measuring 120 kanals. Property at the instance of Gurbax Singh was ancestral, therefore, he could not transfer the property in favour of defendant No.2-son-Inderpal Singh born from loins of second wife. Rigour of amendment caused in Section 6 of the Hindu Succession Act on 09.03.2005 would be altercated way. Both the Courts below erroneously dismissed the suit and urges this Court for formulation of the question of law as culled out in memorandum of appeal.;