MAN SINGH Vs. RAM KALA

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment dated January 7, 2004 passed by the High Court of Punjab and Haryana whereby the second appeal preferred by present Respondents 1(i) to (vi) was allowed and the judgment and decree dated December 21, 1981 passed by the Additional District Judge (III), Kurukshetra was set aside and the judgment and decree dated August 31, 1981 passed by Sub-Judge, Ist Class, Kaithal was restored.

(2.) Soran, resident of Village Bandrana, Tehsil Kaithal, District Kurushetra, Haryana died intestate leaving two wives - Nanhi and Shingari, one son Ram Kala and three daughters Chameli, Panmehswari and Boghri him surviving. Sorans first wife was Pratapi who pre-deceased him. Ram Kala was born out of that wedlock. Chameli, Panmeshwari and Boghri are daughters of Shingari from the loins of Soran. Prior to her marriage with Soran, Shingari was married to Lachhman and a son Man Singh was born from her first marriage.

(3.) Man Singh (since deceased - now represented by his wife - hereinafter referred to as the Appellant) filed a suit against his mother Shingari on March 6, 1979 in the Court of Sub-Judge, IInd Class, Kaithal. The prayer was for a decree for declaration to the effect that the Plaintiff is owner in possession of the land mentioned in para No. 1(a)(b) of the plaint in place of the Defendant based on the family settlement entered into between him and his mother on January 1, 1978. He averred that on the basis of the family settlement, he was given possession of the land mentioned in para 1 of the plaint and his mother agreed that she would get the revenue entries of the suit land corrected in his favour but those entries have not been corrected. He alleged that his mother was seeking to back out of the family settlement.