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2024 Supreme(P&H) 249

GURBIR SINGH
Kanwaljit Singh – Appellant
Versus
Bhupinder Kaur (since deceased, through her LRs) – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Sukhdeep Singh Bhinder, Mr. Sarabjit Singh, Ms. Indira

Judgment

Mr. Gurbir Singh, J.

Present regular second appeal has been filed against the judgment and decree dated 14.02.2019 passed by learned Additional District Judge, Ludhiana, whereby the appeal filed by the appellant plaintiff against the judgment and decree dated 30.05.2014 passed by learned Civil Judge (Junior Division), Ludhiana, has been dismissed.

2. The parties herein are being addressed as per their status in original plaint.

3. Brief facts of the case are that the plaintiff filed a suit for declaration to the effect that he is the owner in possession as co-sharer to the extent of ½ share in the suit property, as mentioned in the head note of the plaint, on the basis of registered Will dated 13.03.1984, bearing vasika No.1181, and mutations Nos.10456 and 802 with regard to inheritance of Gurdial Singh are illegal, null and void, and also sought for permanent injunction restraining the defendants from alienating the property, in dispute, by way of sale, exchange, mortgage or otherwise on the basis of oral and documentary evidence.

3.1 The case of the plaintiff is that Gurdial Singh was the owner as co-owner of suit property. He was not having any issue. Plaintiff is the real n

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