RSA-2787-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 132 Surinder Singh Darshan Singh CORAM : HON'BLE MR Present: Mr. Akshay Chadha for the appellant *** AMARINDER SINGH GREWAL 1. The concurrent finding of fact rendered vide judgments and 16.05.2025 passed by the learned trial Court and the learned 1 Court respectively whereby the suit for declaration that the plaintiff is owner i possession of half share of industrial property measuring 126 sq. yards bearing municipal No.B plaint, has been dismissed. 2. In brief, sons of Gurdev Singh, who bequeathed his estate of 776 sq. yards vide Will Transfer Deed(s) (i) Will dated 13.04.2011 in favour of plaintiff, defendant and Jagtar Singh son of his pre-deceased son Pritam Singh i.e. grandson (ii) Transfer deed dated 23.09. sq. yards. (iii) Transfer deed dated 26.03.20 sq. yards. (iv) Will dated 16.08.20 son of pre-deceased son of Gurdev Singh namely Pritam Singh and 126 sq. yards each in favour of plaintiff and defendant. (v) Transfer deed dated 06.08.20 be exclusive owner of 126 sq. yards. 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2787 Date of Decision: Versus HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Mr. Akshay Chadha, Advocate for the appellant. *** AMARINDER SINGH GREWAL, J. (ORAL) The plaintiff is the appellant before this Court concurrent finding of fact rendered vide judgments and 16.05.2025 passed by the learned trial Court and the learned 1 Court respectively whereby the suit for declaration that the plaintiff is owner i possession of half share of industrial property measuring 126 sq. yards bearing municipal No.B-XXI-1123/315/2 as shown red in the site plan has been dismissed. In brief, the facts are that plaintiffs and defendants are b sons of Gurdev Singh, who bequeathed his estate of 776 sq. yards vide Will (s) from 13.04.2011 to 06.08.2014 (i) Will dated 13.04.2011 in favour of plaintiff, defendant and Jagtar Singh son of deceased son Pritam Singh i.e. grandson (ii) Transfer deed dated 23.09.2011 in favour of defendant (iii) Transfer deed dated 26.03.2012 in favour of plaintiff (iv) Will dated 16.08.2013, 200 sq. yards were transferred in favour of Jagtar Singh deceased son of Gurdev Singh namely Pritam Singh and 126 sq. yards each in favour of plaintiff and defendant. Transfer deed dated 06.08.2014 whereby the defendant proclaimed himself to be exclusive owner of 126 sq. yards. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2787-2025 (O&M) Date of Decision:19.08.2025 ... Appellant ... Respondent AMARINDER SINGH GREWAL , J. (ORAL) before this Court challenging the concurrent finding of fact rendered vide judgments and decrees dated 17.09.2022 and 16.05.2025 passed by the learned trial Court and the learned 1st Appellate Court respectively whereby the suit for declaration that the plaintiff is owner i possession of half share of industrial property measuring 126 sq. yards bearing 1123/315/2 as shown red in the site plan attached with the plaintiffs and defendants are brothers, being sons of Gurdev Singh, who bequeathed his estate of 776 sq. yards vide Will(s) from 13.04.2011 to 06.08.2014, in the following manner:- (i) Will dated 13.04.2011 in favour of plaintiff, defendant and Jagtar Singh son of deceased son Pritam Singh i.e. grandson for 776 sq. yards equally. 2011 in favour of defendant-Darshan Singh for 250 2 in favour of plaintiff-Surinder Singh for 200 3, 200 sq. yards were transferred in favour of Jagtar Singh deceased son of Gurdev Singh namely Pritam Singh and 126 sq. yards whereby the defendant proclaimed himself to IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Appellant ... Respondent challenging the decrees dated 17.09.2022 Appellate Court respectively whereby the suit for declaration that the plaintiff is owner in possession of half share of industrial property measuring 126 sq. yards bearing attached with the , being and (i) Will dated 13.04.2011 in favour of plaintiff, defendant and Jagtar Singh son of for 250 Surinder Singh for 200 3, 200 sq. yards were transferred in favour of Jagtar Singh deceased son of Gurdev Singh namely Pritam Singh and 126 sq. yards whereby the defendant proclaimed himself to PANKAJ KUMAR 2025.08.22 18:18 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-2787-2025 (O&M) Thereafter, Gurdev Singh died on 09.10.2014. So, the dispute is qua 126 sq. yards out of total 776 sq. yards. The case of the plaintiff is that he is owner of half share of 126 sq. yards as per Will dated 16.08.2013 and the subsequent transfer deed dated 06.08.2014 himself to be exclusive owner influence and misrepresentatio 3. Upon notice of the suit, defendants appeared and filed written statement taking preliminary objections regarding Court with clean hands fee and jurisdiction Gurdev Singh had transferred transfer deed dated 06.08.2014 in a sound disposing mind and therefore, no cause of action arose in favour of the plaintiff. 4. On the basis of pleadings, Court including the issue of relief. and tendered documents Ex.P1 to Ex.P10. defendant examined 5. On appreciation of oral as well documentary evidence placed before it, the learned trial Court has also been upheld by the learned 1 appeal. 6. Learned counsel for the plaintiff examined deposed that father of the plaintiff Gurdev Sin and, therefore, the transfer deed dated 06.08.2014 is surrounded by suspicious 2025 (O&M) -2- Thereafter, Gurdev Singh died on 09.10.2014. So, the dispute is qua 126 sq. yards out of total 776 sq. yards. The case of the plaintiff is that he is owner are of 126 sq. yards as per Will dated 16.08.2013 and the subsequent transfer deed dated 06.08.2014 on the basis of which to be exclusive owner of 126 sq. yards influence and misrepresentation. Hence, the present civil suit. Upon notice of the suit, defendants appeared and filed written statement taking preliminary objections regarding Court with clean hands and the suit is not properly valued for the pu fee and jurisdiction. On merits, it was stated that Gurdev Singh had transferred 126 sq. yards prior to his death in his favour vide transfer deed dated 06.08.2014 in a sound disposing mind and therefore, no cause of action arose in favour of the plaintiff. On the basis of pleadings, five issues were framed Court including the issue of relief. The appellant and tendered documents Ex.P1 to Ex.P10. examined three witnesses. On appreciation of oral as well documentary evidence placed before it, the learned trial Court dismissed the suit of the appellant has also been upheld by the learned 1st Appellate Court. Learned counsel for the appellant- plaintiff examined as many as six witnesses, out of which four have deposed that father of the plaintiff Gurdev Sin and, therefore, the transfer deed dated 06.08.2014 is surrounded by suspicious Thereafter, Gurdev Singh died on 09.10.2014. So, the dispute is qua 126 sq. yards out of total 776 sq. yards. The case of the plaintiff is that he is owner are of 126 sq. yards as per Will dated 16.08.2013 and the subsequent on the basis of which the defendant is claiming of 126 sq. yards is obtained by coercion, undue Hence, the present civil suit. Upon notice of the suit, defendants appeared and filed written statement taking preliminary objections regarding maintainability, not coming to and the suit is not properly valued for the purpose of court On merits, it was stated that father of defendant namely 126 sq. yards prior to his death in his favour vide transfer deed dated 06.08.2014 in a sound disposing mind and therefore, no cause issues were framed by the learned trial appellant-plaintiff examined six witnesses On the other hand, respondent On appreciation of oral as well documentary evidence placed before it, dismissed the suit of the appellant-plaintiff, which finding Appellate Court. Hence, the regular second -plaintiff submits that the appellant out of which four have consistently deposed that father of the plaintiff Gurdev Singh was mentally not fit since 2014 and, therefore, the transfer deed dated 06.08.2014 is surrounded by suspicious Thereafter, Gurdev Singh died on 09.10.2014. So, the dispute is qua 126 sq. yards out of total 776 sq. yards. The case of the plaintiff is that he is owner are of 126 sq. yards as per Will dated 16.08.2013 and the subsequent the defendant is claiming is obtained by coercion, undue Upon notice of the suit, defendants appeared and filed written not coming to rpose of court father of defendant namely 126 sq. yards prior to his death in his favour vide transfer deed dated 06.08.2014 in a sound disposing mind and therefore, no cause by the learned trial examined six witnesses respondent- On appreciation of oral as well documentary evidence placed before it, plaintiff, which finding the regular second the appellant- consistently gh was mentally not fit since 2014 and, therefore, the transfer deed dated 06.08.2014 is surrounded by suspicious PANKAJ KUMAR 2025.08.22 18:18 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-2787-2025 (O&M) circumstances 16.08.2023, according to which, 126 sq. yards were transferred in fav plaintiff and the defendant equally. appreciating that Will dated 16.08.2013 real sisters of plaintiff and defendant, who categorically deposed that their father Gurdev Singh was critically ill from 10.05.2024 and was not in his full senses was suffering from cancer transfer deed dated bereft of any reason as to why Gurdev Singh deviated from his last Will dated 16.08.2013. Both the courts below have dated 19.08.2014 to the extent that there existed another transfer deed after transfer deed 06.08.2014 was executed but the plaintiff did not raise any challenge qua the said transfer deed 7. Heard. 8. A careful perusal of the record shows that within a span of two years, the executant-Gurdev Singh executed five Will(s)/Transfer Deeds in favour of his two sons and grandson, bequeathing his estate of 776 sq. yards in different proportions and the last such transfer was Transfer Deed dated 06.08.2014, which became bone of contention. Prior to that, Will dated 16.08.2013 was executed whereby 200 sq. yards were transferred in the name of Jagtar Singh son of pre deceased son of Gurdev transferred in the name of plaintiff and defendant in equal shares. plaintiff is claiming his ownership qua half share in 126 sq. yards on the basis of Will dated 16.08.2013 but he did not imple 2025 (O&M) -3- and remaining two witnesses were witness of the Will dated 16.08.2023, according to which, 126 sq. yards were transferred in fav plaintiff and the defendant equally. Both the courts below have gravely erred in appreciating that there was no reason for Gurdev Singh to deviate from his last Will dated 16.08.2013; that too, two months prior to his death. PW sisters of plaintiff and defendant, who categorically deposed that their father Gurdev Singh was critically ill from 10.05.2024 and was not in his full senses was suffering from cancer, much less, they denied signatures of their father on the dated 06.08.2014. The alleged transfer deed dated 06.08.2014 is bereft of any reason as to why Gurdev Singh deviated from his last Will dated . Both the courts below have heavily relied upon another transfer deed dated 19.08.2014 to the extent that there existed another transfer deed after transfer deed 06.08.2014 was executed but the plaintiff did not raise any challenge qua the said transfer deed, which is totally unsubstantiated. Heard. A careful perusal of the record shows that within a span of two years, Gurdev Singh executed five Will(s)/Transfer Deeds in favour of his two sons and grandson, bequeathing his estate of 776 sq. yards in different and the last such transfer was Transfer Deed dated 06.08.2014, which bone of contention. Prior to that, Will dated 16.08.2013 was executed whereby 200 sq. yards were transferred in the name of Jagtar Singh son of pre deceased son of Gurdev Singh namely Pritam Singh and 126 sq. yards were transferred in the name of plaintiff and defendant in equal shares. plaintiff is claiming his ownership qua half share in 126 sq. yards on the basis of Will dated 16.08.2013 but he did not implead Jagtar Singh as and remaining two witnesses were witness of the Will dated 16.08.2023, according to which, 126 sq. yards were transferred in favour of Both the courts below have gravely erred in there was no reason for Gurdev Singh to deviate from his last two months prior to his death. PW-1 to PW-3 are sisters of plaintiff and defendant, who categorically deposed that their father Gurdev Singh was critically ill from 10.05.2024 and was not in his full senses as he , much less, they denied signatures of their father on the The alleged transfer deed dated 06.08.2014 is bereft of any reason as to why Gurdev Singh deviated from his last Will dated heavily relied upon another transfer deed dated 19.08.2014 to the extent that there existed another transfer deed after transfer deed 06.08.2014 was executed but the plaintiff did not raise any challenge qua the antiated. A careful perusal of the record shows that within a span of two years, Gurdev Singh executed five Will(s)/Transfer Deeds in favour of his two sons and grandson, bequeathing his estate of 776 sq. yards in different and the last such transfer was Transfer Deed dated 06.08.2014, which bone of contention. Prior to that, Will dated 16.08.2013 was executed whereby 200 sq. yards were transferred in the name of Jagtar Singh son of pre Singh namely Pritam Singh and 126 sq. yards were transferred in the name of plaintiff and defendant in equal shares. Though the plaintiff is claiming his ownership qua half share in 126 sq. yards on the basis of ad Jagtar Singh as a party for the and remaining two witnesses were witness of the Will dated our of Both the courts below have gravely erred in there was no reason for Gurdev Singh to deviate from his last 3 are sisters of plaintiff and defendant, who categorically deposed that their father as he , much less, they denied signatures of their father on the The alleged transfer deed dated 06.08.2014 is bereft of any reason as to why Gurdev Singh deviated from his last Will dated heavily relied upon another transfer deed dated 19.08.2014 to the extent that there existed another transfer deed after transfer deed 06.08.2014 was executed but the plaintiff did not raise any challenge qua the A careful perusal of the record shows that within a span of two years, Gurdev Singh executed five Will(s)/Transfer Deeds in favour of his two sons and grandson, bequeathing his estate of 776 sq. yards in different and the last such transfer was Transfer Deed dated 06.08.2014, which bone of contention. Prior to that, Will dated 16.08.2013 was executed whereby 200 sq. yards were transferred in the name of Jagtar Singh son of pre- Singh namely Pritam Singh and 126 sq. yards were Though the plaintiff is claiming his ownership qua half share in 126 sq. yards on the basis of party for the PANKAJ KUMAR 2025.08.22 18:18 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-2787-2025 (O&M) reasons best known to him. before his death and all sisters, who deposed in favour of plaintiff 3 are married and, therefore, mere deposition mentally unfit from 10.05.2014 is not suffice evidence proved on record 06.08.2014 is a registered document but no official witness was examined from the office of Sub-Registrar (East), Ludhiana another transfer deed dated 19.08.20 Gurdev Singh was brought on record by the defendant, though not pleaded in written statement to make out Transfer Deed dated 06.08.20 Transfer Deed dated 06.08.202 witness from Sub being the attesting witness. Therefore, the Transfer Deed dated 06.08.2014 dated 16.08.2013. 9. In view the above, this Court doe with the concurrent finding of fact rendered by both the learned Courts below much less, no substantial question of law arises for consideration instant regular second appeal is dismissed. 10. Misc. application(s) pending, if any, shall August 19, 2025 Pankaj* 2025 (O&M) -4- reasons best known to him. Admittedly, Gurdev Singh was residing with defendant before his death and all sisters, who deposed in favour of plaintiff 3 are married and, therefore, mere deposition mentally unfit from 10.05.2014 is not suffice evidence proved on record in this regard. 06.08.2014 is a registered document but no official witness was examined from the Registrar (East), Ludhiana to disprove the said deed. another transfer deed dated 19.08.2014 executed in favour of Jagtar Singh by Gurdev Singh was brought on record by the defendant, though not pleaded in written statement to make out a case that the said deed was executed even after the Transfer Deed dated 06.08.2014 but the plaintiff did not challenge that deed. The Transfer Deed dated 06.08.20214 has been duly proved by witness from Sub-Registrar Office (East), Lu being the attesting witness. Therefore, both the Courts below have rightly held that Transfer Deed dated 06.08.2014 being later in time, shall prevail over the Will dated 16.08.2013. In view the above, this Court doe with the concurrent finding of fact rendered by both the learned Courts below much less, no substantial question of law arises for consideration instant regular second appeal is dismissed. Misc. application(s) pending, if any, shall (AMARINDER SINGH GREWAL , 2025 Whether speaking/reasoned Whether reportable Gurdev Singh was residing with defendant before his death and all sisters, who deposed in favour of plaintiff as PW-1 to PW 3 are married and, therefore, mere deposition by them that Gurdev Singh was mentally unfit from 10.05.2014 is not suffice, in the absence of any medical . Furthermore, transfer deed dated 06.08.2014 is a registered document but no official witness was examined from the to disprove the said deed. Moreover, 4 executed in favour of Jagtar Singh by Gurdev Singh was brought on record by the defendant, though not pleaded in a case that the said deed was executed even after the 4 but the plaintiff did not challenge that deed. The 4 has been duly proved by DW-3, the official (East), Ludhiana and DW-2 Kulwant Singh, both the Courts below have rightly held that being later in time, shall prevail over the Will In view the above, this Court does not find any ground to interfere with the concurrent finding of fact rendered by both the learned Courts below much less, no substantial question of law arises for consideration. Resultantly, the Misc. application(s) pending, if any, shall also stand disposed of. AMARINDER SINGH GREWAL JUDGE Whether speaking/reasoned : Yes/No : Yes/No Gurdev Singh was residing with defendant 1 to PW- Gurdev Singh was in the absence of any medical transfer deed dated 06.08.2014 is a registered document but no official witness was examined from the Moreover, 4 executed in favour of Jagtar Singh by Gurdev Singh was brought on record by the defendant, though not pleaded in a case that the said deed was executed even after the 4 but the plaintiff did not challenge that deed. The the official 2 Kulwant Singh, both the Courts below have rightly held that being later in time, shall prevail over the Will s not find any ground to interfere with the concurrent finding of fact rendered by both the learned Courts below, . Resultantly, the AMARINDER SINGH GREWAL) PANKAJ KUMAR 2025.08.22 18:18 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh