Document Fragment View

Matching Fragments

Plaintiff in order to prove his case brought on record umpteen number of documents and so did the defendants. On the basis of this evidence, the trial Court found that nature of the property was ancestral and 1 of 3 decreed the suit. Appeal preferred before the Lower Appellate Court was allowed.

Mr.R.S.Malik, learned counsel appearing on behalf of the appellant submitted that Jamabandies Ex.P1 for the year 1983-84, Ex.P2 for the year 2003-04, Ex.P3 for the year 1943-44(Urdu version), Ex.P4-Hindi translation for the Jamabandi for the year 1943-44, Ex.P5-death certificate of Roopla dated 21.2.1975, Ex.P6-mutation Parat Patwar, Ex.P7- Parat Sarkar mutation no.3483, Ex.P8-Aksh Shijra, Ex.P9-report of PW4 Patwari Krishan Kumar, established the nature of the property to be ancestral. The plaintiff was in 5th generation in lineage and, therefore, had a right to the estate of Roopla who had inherited the same from his father Teka and so on and so forth. It was alleged that on demise of Roopla the property was required to be transferred in favour of the appellant-plaintiff being the only son and not in favour of the sisters and second wife.