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2018 DIGILAW 4361 (PNJ)

Hakam Singh v. Ram Lal

2018-11-13

AMIT RAWAL

body2018
JUDGMENT Mr. Amit Rawal J. (Oral):- C.M. No.11338-C of 2015 For the reasons stated in the application, delay of 8 days in re-filing the appeal is condoned. Application is allowed. RSA No.4710 of 2015 The appellant-plaintiff has not been able to seek declaration by laying challenge to the registered relinquishment deed dated 16.05.2005 and 05.12.2005 executed by defendant No.2 Deva Singh in favour of defendants No.1 and 3. 2. The suit was based on the ground that property subject matter of relinquishment deed was not self-acquired but ancestral, as it has fallen from the hands of Khusia, grandfather of Deva Singh, who had one son Rulha Ram. In support of the aforementioned averment, jamabandis for the year 1999-2000 and 2004-2005, Ex.P3 and Ex.P4 were placed on record. The plaintiff has not been successful before the trial Court as well as the lower Appellate Court. 3. Mr. I.S. Pabla, learned counsel appearing on behalf of the appellant submitted that it has been proved on record through the aforementioned revenue record, which has gone unrebutted, that the property at the hands of Deva Singh was ancestral and the plaintiff being 4th generation in lineage had right by birth. The relinquishment deed was without legal necessity and therefore, was liable to be set aside being nullity. 4. I am afraid aforementioned argument of Mr. Pabla is not sustainable, for, in order to establish claim with regard to nature of the property being ancestral, it has to be prima facie proved that the plaintiff was 4th generation in lineage and his father Deva Singh had acquired the same from his grandfather Khusia. Jamabandi did not reflect the same. Mere recital in the lease deed would not clothe the status of the property being ancestral. The plaintiff miserably failed to discharge the onus. 5. As an upshot of my finding, concurrent finding of fact cannot be said to be suffered from illegality and perversity, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. 6. Resultantly, the second appeal is dismissed.