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2011 Supreme(P&H) 711

L.N.MITTAL
Harjot Singh – Appellant
Versus
Gurjit Kaur – Respondent


Judgment

L.N.Mittal, J.

1. Defendants No.l to 4, who were successful in the trial court, but have been unsuccessful in the lower appellate court, have filed the instant second appeal.

2. Lakhmir Singh had only one son i.e. Harcharan Singh and two daughters i.e. Gurjit Kaur-respondent No.1/plaintiff and Rajinder Kaur-defendant No.8/proforma respondent No.5. Harcharan Singh died on 30.08.2001 during the lifetime of Lakhmir Singh. Harcharan Singh left behind defendants No.l to 3 as minor sons and defendant No.4 as widow.

3. Case of the plaintiff is that relinquishment deed dated 10.06.2001 registered on 10.09.2001 allegedly executed by Lakhmir Singh in favour of defendants Nos.1 to 3 regarding suit land measuring 55 kanals 01 marla is illegal and null and void along with consequent mutation No.638 entered on its basis because the said release deed was not executed by Lakhmir Singh and also because the suit land being self acquired property of Lakhmir Singh, he could not transfer it by way of release deed to defendants No.l to 3, who had no pre-existing right in the suit land. Consequently, the plaintiff also sought relief of joint possession of the suit land being among the legal heirs




















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