ANAND DEV PURI Vs. GURIQBAL SINGH

JUDGEMENT

(1.) This is an appeal filed by the plaintiffs against the order dated 22/7/1988 passed by the High court of Punjab and Haryana dismissing the plaintiffs' appeal against the judgment dated 25/9/1987 passed by the Additional District Judge, Sangrur setting aside the judgment and preliminary decree dated 25/5/1984 passed by the Sub-Judge, 1st Class Malerkotia for possession by partition of the house in suit in favour of the plaintiffs and defendants- Respondents 1 and 3 to 5 herein to the extent of l/7th share each in the house in dispute.

(2.) Briefly stated the facts of the case are that the plaintiffs-appellants brought a suit for separate possession by partition of the house in suit to the extent of their share against the defendants-respondents by contending that the house in suit belonged to their father Ishar Mal who died on 10/1/1960 leaving behind him his widow Dhan Devi, since deceased, three sons, namely, Anand Dev, plaintiff-Appellant 1, Bhnsimm BMBH- Pim (Defendant 2, Respondent 3 herein) , Rajinder Pal Puri (Defendant 1, Respondent 2 herein) and four daughters, namely. Gyanwari, plaintiff-Appellant 3, Sita Devi, (Defendant 3, Respondent 4 herein) , Nand Rani, (Defendant 4, Respondent 5 herein) and Pushpa Devi, plaintiff-Appellant 2. The plaintiffs' case was that on the death of their father Ishar Mal each of the eight heirs named above became owners of l/8th share in the house in question, being the widow, sons and daughters of late Ishar Mal. According to the plaintiffs, on the death of their mother Dhan Devi the remaining three sons and four daughters of Ishar Mal inherited l/7th share each in the house in suit. But the defendant-respondent Rajinder Pal Puri one of the sons of Ishar Mal claiming to be the owner of l/3rd share in the house sold out the same to the defendant-Respondent 1, Guriqbal Singh by a registered sale deed dated 2/12/1977. The plaintiffs-appellants took the plea that Rajinder Pal Puri had only l/7th share in the house and he could not have validly sold l/3rd share in the house to Respondent 1. Guriqbal Singh.

(3.) Defendants 1, 3 and 4, namely, Rajinder Pal Puri, Sita Devi and Nand Rani filed a common written statement admitting that the house in dispute belonged to Ishar Mal and after his death it was inherited by the plaintiffs and Defendants 1 to 4.