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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASPAL SINGH ETC. – Appellant
Versus
MOHINDER SINGH ETC . – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. Appellants-defendants institute this Regular Second Appeal (here-in-after to be referred as “RSA”) to assail the concurrent findings of the Courts below, culminating in the judgment and decree dated 18.01.2000 rendered by the learned District Judge, Hoshiarpur whereby the Trial Court’s judgment and decree dated 09.10.1996 passed by learned Civil Judge (Junior Division) Hoshiarpur was upheld. It is alleged that learned First Appellate Court has perpetuated a declaratory judgment founded upon conjectures rather than the material on record. The Appellants respectfully submit that the impugned judgments and decrees are vitiated by patent perversity, thereby presenting substantial questions of law that warrant a de novo examination by this Court.
2. The quintessential facts constituting the claim of the Respondents-Plaintiffs before the learned Court of first instance are as follows:-
Plaintiff-Mohinder Singh instituted the present suit seeking a declaration that the sale deed dated 16.04.1993, purportedly executed by defendant No.1, his father, in favour of defendants No.2 to 4, is null, void, and inoperative, the suit property being joint Hindu family c
The burden of proof lies on the party alleging ancestral or joint property, and without evidence to support the claim, the Courts may reject the suit.
It is now well settled principles in regard to powers under Section 100 of Code of Civil Procedure that when Courts below record its concurrent findings of facts based on appreciation of facts and ev....
The ancestral status of property must be established through clear evidence, not presumptions; a Karta cannot alienate property without legal necessity.
Property inherited post-partition is categorized as separate property under Hindu law, thus allowing the vendor exclusive rights to sell without objections from the objectors.
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