KHANDARA (DECEASED) Vs. DHARAMVIR SINGH

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) Pedigree of parties is admitted. Jhandu had two sons namely Risal and Bhagvana. Bhagvana had one son Harphool. Harphool had two sons Dharamvir and Satyavir (plaintiffs of original suit). Risal had one son Khandara (defendant). It is also admitted that disputed property was earlier owned by Jhandu, Hoshiyara, Chhajju and Shiv Sahai. Admittedly, Hoshiyara and Chajju died issueless without any heir. Wife of Shiv Sahai was Chhoti. After death of Shiv Sahai she married with Risal (father of defendant Khandara). It is also admitted that after death of Chajju his widow Gudari had executed a registered will dated 1.1.1942 of his property to Khandara in which all rights for disputed property were bequeathed.

(3.) Original Suit No. 164/1991 (Dharmvir and Satyavir Vs. Khandara) was filed by plaintiffs for the relief of partition of disputed property of Abadi situated in plot no. 230 (New no. 129) and plot no. 228 (New no. 133). The plaint case in brief was that Jhandu was owner of disputed properties situated at plots no. 228 and 230 (New no. 133 and 129). After death of Jhandu, his two sons Risal and Bhagvana became owner of his property in equal shares. Then after the death of Risal his son Khandara (defendant) became owner of half of the disputed property and, after death of Bhagvana and his sons Harphool (plaintiffs' father, now deceased), Dharmvir and Satyavir became owner of remaining share of the disputed property. Plaintiff had sought relief of partition of share of this house present over plots no. 129 and 133.