R.S.A. No. 2448 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 2448 of 2002 Date of decision: 24.9.2008 Apinder Singh and another ..Appellants v. Joginder Kaur .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. M.K. Garg, Advocate for the appellants. .. Rajesh Bindal J. The plaintiffs are in appeal before this Court against the judgment and decree of the learned Court below whereby in appeal filed by the respondent-defendants, the judgment and decree of the learned trial Court was set aside. The appellants-plaintiffs filed a suit for declaration challenging the judgment and decree dated 16.12.1991 in a suit titled as “Rajinder Kaur v. Joginder Kaur” suffered by respondent-Joginder Kaur in favour of her daughter-Rajinder Kaur. Joginder Kaur is wife of Arjan Singh and Rajinder Kaur is his daughter. The appellants-plaintiffs are also sons of Arjan Singh. The claim made in the suit was that the property in dispute being ancestral could not be transferred by Arjan Singh to any one and after his death, the appellants-plaintiffs were also entitled to share in the property. From the facts on record, it is evident that the suit property was initially owned by three brothers, namely, Arjan Singh, Tara Singh and Basant Singh. Basant Singh died unmarried and issueless. Resultantly, the property remained in the ownership of Arjan Singh and Tara Singh. The same was sold by both the brothers to Joginder Kaur wife of Arjan Singh vide sale deed dated 26.8.1966 and during her life time she suffered a consent decree regarding the property in dispute in favour of her daughter-Rajinder Kaur on 16.12.1991. The suit was filed by the appellants-plaintiffs thereafter on 28.10.1993. R.S.A. No. 2448 of 2002 [2] Though the claim by the appellants was that the suit property was ancestral and the parties being Hindus, they were entitled to share therein, but no material was placed on record to show that the property in dispute was ancestral. All what was produced on record was only to the effect that the property at one point of time was partly owned by Arjan Singh. There is nothing on record to show that Arjan Singh had inherited the property from his father. Sale deed dated 26.8.1966 executed by Arjan Singh and Tara Singh in favour of Joginder Kaur was not even challenged either at the relevant time or even in the suit now filed. Once the appellants had failed to prove the case set up by them on the basis of the evidence produced by them on record, in my opinion, no illegality has been committed by the Court below in dismissing the suit filed by them. The learned court below has correctly appreciated the material placed on record and the findings recorded cannot, in any manner, be held to be perverse. No substantial question of law arises. Accordingly, the appeal is dismissed. (Rajesh Bindal) Judge 24.9.2008 mk