DAYANAND Vs. JAGESHWAR & 8 ORS.

JUDGEMENT

(1.) DEFENDANT aggrieved by judgment and decree of lower appellate Court has filed this appeal, which was admitted on 21.2.2000 on following substantial question of law :

(2.) FACTS of the case are that parties are closely related to each other. The genealogical tree of the parties is as under:

(3.) SUIT was filed by late Man Singh against Bhagwatdeen and Dayanand for declaration,...possession and for partition on the ground that disputed agricultural land of Khasra No. 161 bearing Survey No. 517, 519 and others total 30 Kitta, area 41. 83 acre situated in village Karki, Tahsil Jaisinghnagar, is an ancestral property. The plaintiff stated that both the parties are having equal share in the property, Gangadeen ancestor of the parties died 50 -60 years back and land was succeed by his two sons Ghursen and Govind. After the death of Gangadeen, Ghur Sen being the elder son, entire property was recorded in his name and being looked after and managed by him as Karta. At the relevant time Govind Singh, who was co -owner and jointly residing with him, continued in joint possession. Govind Singh died 45 years back. Thereafter, Ghursen alone cultivated the land. It is alleged that at that time Man Singh, plaintiff was minor and was under the guardianship of Ghursen. It being ancestral property his rights were secured. Govind Singh lived during his life time alongwith Ghursen jointly and after the death of Govind Singh Man Singh and Ghursen succeeded in equal share. After the death of Govind Singh, Ghursen asked Man Singh that when he will become major, he will get property and till he attains majority Ghursen will cultivate the land of his share. Before 22 -23 years of filing the suit, Ghursen died and after his death defendants without the knowledge of plaintiff have got their names entered in revenue records and to grab the property of the plaintiff, started to cultivate the land and given threat to the plaintiff that after the death of Ghursen as the land recorded in their names, the plaintiff has no title. Hence, suit was filed.