RSA No.3483 of 2009 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3483 of 2009 (O&M) Date of decision:12.10.2010 Tarsem Singh Dole ...Appellant Versus Achhar Singh ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sanjay Tangri, Advocate, for the appellant. Mr. Naresh Kaushik, Advocate, for the respondent. ***** RAKESH KUMAR JAIN, J. The plaintiff is in second appeal against the judgment and decree of the Courts below whereby his suit for declaration with consequential relief of permanent injunction has been dismissed. Shorn of unnecessary details, the case set up by the plaintiff is that the property in dispute is ancestral in his hands and could not have been sold by defendant No.2 in favour of defendant No.1. The stand taken by defendant No.1 is that the property in dispute is the self-acquired property of defendant No.2, therefore, the plaintiff had no right to challenge the sale deed dated 31.03.2000 executed by defendant No.2 in his favour. Thus, the question involved in this appeal is as to “whether the property in dispute was ancestral or non-ancestral”. The Courts below have held that the property was non-ancestral because property is always non-ancestral until and unless proved to the contrary. A heavy onus lies RSA No.3483 of 2009 (O&M) -2- ***** upon the plaintiff to prove the property to be ancestral which he has to discharge by leading cogent documentary evidence. It is well settled that as per Hindu law, a person, who is claiming the property in his hands to be ancestral, has to prove that he had inherited it from his father, grandfather and great grandfather. In this case, admittedly, the plaintiff has failed to prove this fact and as such, there is no illegality in the judgment and decree of the Courts below by which the plaintiff has been non-suited. No other question has been raised. In view thereof, I do not find any merit in the present appeal and as such, the same is hereby dismissed. No costs. October 12, 2010 (RAKESH KUMAR JAIN) vinod JUDGE