IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
RSA No.2407 of 2007 (O&M)
Date of Decision: 20.11.2008.
Joginder Singh
....Appellant
Versus
Kundan Singh and others
...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr.Arun Palli, Sr. Advocate with
Mr.Parminder Singh, Advocate
for the appellant.
RAJESH BINDAL, J.
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The plaintiff is in second appeal before this Court against
the concurrent findings of fact recorded by the Courts below whereby
suit filed by him for declaration was dismissed.
The brief facts are that appellant and respondent No.1
Joginder Singh and Kundan Singh are real brothers. The property for
which the claim is set up by both the parties belonged to Harnam
Kaur, their mother. She owned 2 kanals 8 marlas of land. She died
in August 2001. After her death appellant/plaintiff filed a suit that he
had become owner in possession of half share of the property owned
by Harnam Kaur, being her one of the legal heir, the other being his
brother Kundan Singh. Further challenge in the suit was also to the
sale deed dated April 21, 1999, which was executed by Harnam
Kaur in favour of Gurmukh Singh, Maninder Singh and Jodh Singh
sons of Kundan Singh, with the allegations that the same was a
result of fraud and fabrication having been registered without
consideration. Both the Courts below found that the case set up by
the appellant/plaintiff was not made out from the evidence produced
on record as the respondents produced sufficient evidence to prove
that Harnam Kaur had executed the sale deed in favour of her grand
sons on April 21, 1999. She had even appeared before deed writer to
put her signature and also before the Sub Registrar at the time of
registration of sale deed where besides her signatures even her
RSA No.2407 of 2007 -2-
photograph has also been affixed on the sale deed. The registration
clerk had proved her appearance and also the registration of
document. The only contention sought to be raised is that there is no
material on record to show that what did Harnam Kaur do with the
consideration money of Rs. 1,16,000/- received by her on account of
sale of property to respondents No.2 to 4. Once it has been proved
that the sale deed had been executed in normal routine where
Harnam Kaur had appeared before the deed writer and also before
the Sub Registrar way back in 1999. Though she expired in August
2001 but was never aggrieved of the sale deed during her life time.
After her death the sale deed cannot possibly be challenged merely
on the ground that what did she do of the money received on
account of sale of property as she was not in need of money.
Findings recorded by Court below are plain and simple
findings of fact giving rise to no question of law much less a
substantial question of law.
The appeal is accordingly dismissed.
(RAJESH BINDAL)
20.11.2008. JUDGE
Reema