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2006 Supreme(HP) 110

SURJIT SINGH
MOHINDER LAL – Appellant
Versus
TULE RAM – Respondent


Advocates Appeared:
Bhupender Gupta, Sr.Counsel with Janesh Gupta, for Appellants; Ms.Sweta Julka, vice Ankush Dass Sood, for Respondents.

JUDGEMENT

1. The present appeal was admitted on the following substantial questions of law "1. Whether the findings of the courts of facts (both Courts) holding the suit to be within limitation is vitiated by non-consideration of the oral as also the documentary evidence produced by the parties?

2. Whether the document purporting to be partition deed-cum-Will being unregistered, is inadmissible in evidence and both the courts below have given a wrong approach thereto by acting upon it and consequently holding the plaintiff to be the exclusive owner in possession of the property in dispute?

2. Facts relevant for determining the aforesaid questions, may be noticed. Respondent Tule Ram, hereinafter called plaintiff, filed a suit for declaration that he was owner in possession of 3 Bighas 10 Biswas of land, bearing Khasra No. 901, situate in Phati Rot-I, Kothi Bhallan, Tehsil and District Kullu, as the said land had been given to him by his father through a Will-cum-partition deed, executed in the year 1964. By way of further relief, he prayed for issuance of permanent prohibitory injunction, restraining his brothers Rishi Ram, Chune Ram, Baman Dev and two sons (Thakar Datt and Ram Krisha








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