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2005 Supreme(P&H) 900

M.M.KUMAR
Banta Singh – Appellant
Versus
Karnal Singh – Respondent


Judgment

M.M.Kumar, J.

1. This is plaintiffs appeal, filed under Section 100 of the Civil Procedure Code (for brevity the Code), challenging the view taken by the learned Lower Appellate Court, Kurukshetra, holding that the judgment and decree dated 2.6.1990 passed in civil suit No. 381 of 1990, in favour of defendant No. 1 Kartar Kaur (now represented by respondent Nos. 1 and 2) did not suffer from any legal infirmity and the same could not be set aside. It has further been held that the plaintiff-appellant was absolute owner of the suit land and in his hand, the suit land was not ancestral in character qua the other co-parceners. The learned Lower Appellate Court has also held that the judgment and decree dated 2.6.1990 passed in Civil Suit No. 381 of 1990 did not require registration, as the same was based on pre-existing rights of defendant No. l.

2. The dispute raised in the present proceedings is related to the property of one Ram Kishan @ Shiv Charan Singh. A small pedigree table would render assistance in understanding the controversy:-

Bhagwan Singh | I Ram Kishan alias Shiv Charan Singh | __________________________________________________ | | | Banta Singh Rattan Singh Ujj
















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