Amit Rawal, J. - (1.) The appellants-plaintiffs are aggrieved of the judgment and decree of the lower Appellate Court, whereby the suit for setting aside of the release deed dated 12.12.2003 in respect of land measuring 19 kanals 1 marla being ⅙th share in the suit property, has been dismissed by the lower Appellate Court, in essence, the judgment and decree of the trial Court decreeing the suit has been reversed.
(2.) Mr. U.K. Agnihotri, learned counsel appearing on behalf of the appellants-plaintiffs submits that the property at the hands of Sher Singh was ancestral. He could not have executed release deed in favour of three sons, though, he has having five sons and one daughter. Being karta, he can not squander/fritter away the property in any manner he wants, except for legal necessity. The legal necessity has not been proved which is evident from the cross-examination as he feigned ignorance with regard to the nature and character of the property, much less, execution of the release deed. All the factors were considered by the trial Court while decreeing the suit, but the lower appellate Court has committed illegality and perversity in reversing the well-reasoned findings. The nature of the property stood admitted and therefore, in this regard, there was no need to lead the evidence, thus, urges this Court for setting aside the judgment and decree under challenge.
(3.) Per contra, Mr. Amarjit Markan, Advocate and Mr. Kanwal Goyal, learned counsel appearing on behalf of the respondent Nos.1 to 3, submits that it was self-acquired property of Sher Singh as the plaintiffs have failed to prove that it had fallen from third generation in lineage-plaintiff being fourth. Mere admission in the written statement cannot be rendered against the law. In support of his contentions, he relies upon the following judgments:- 1. "Matu Ram (deceased) through LRs v. Kartar Singh and others " 2004(3) LJR 818 2. "Gurjant Singh Major and others v Surjit Singh and others " 2004 (3) RCR (Civil) 93 3. "Kulwant Singh v. Harbhajan Singh and others " in RSA no.3673 of 2013 decided on 28.04.2016. ;