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2011 Supreme(P&H) 496

L.N.MITTAL
Gurmeet Singh – Appellant
Versus
Manjeet Singh – Respondent


Advocates:
For the Appellant:Mr. Vikas Gupta, Advocate.

JUDGMENT

Mr. L. N. Mittal, J. (Oral):- Defendant no.1 Gurmeet Singh has filed the instant second appeal.

2. It is unfortunate litigation among the siblings. Suit was filed by respondents no.1 and 2/plaintiffs (Manjit Singh and his wife Balbir Kaur) against defendant no.1/appellant Gurmeet Singh and defendant no.2/proforma respondent no.3 Satnam Singh. Plaintiff no.1 and both defendants are sons of Gurbachan Singh. Defendant no.2, being of unsound mind, was sued through his mother Harbans Kaur as Guardian.

3. Undisputedly the suit house was owned and possessed by Gurbachan Singh, vide registered conveyance deed dated 13.08.1962. On his death, it was inherited by his four sons i.e. plaintiff no.1, defendants no.1 and 2 and Darshan Singh and also by a daughter Ranjit Kaur and widow Harbans Kaur i.e. 1/6th share each. Plaintiffs’ case is that Ranjit Kaur gifted her 1/6th share in the suit property in favour of her three brothers i.e. Darshan Singh, plaintiff no.1 and defendant no.1 vide registered gift deed dated 28.04.1999. In December 2003, Darshan Singh sold his share in the suit property to plaintiff no.1 and defendant no.1 in equal shares vide registered sale deed dated 09.12.2003.









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