PARKASH KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THE legal representatives of unsuccessful plaintiff Satnam Singh have filed the present R.S.A. and it has been directed against the judgment and decree dated 14.1.2000 passed by the Additional District Judge, Amritsar, who affirmed the judgment and decree dated 25.3.1995, vide which the suit of the legal representatives of plaintiff for declaration as prayed for was dismissed.

(2.) THE brief facts of the case are that Satnam Singh filed a suit for declaration that he was owner in possession of the land measuring 33 kanals 7 marls fully detailed in the head-note of the plaint situated in village Nangli and that the decree dated 18.12.1980 was not binding on him. It was alleged by Satnam Singh that he and defendants No. 2 to 6 are the sons of defendant No. 1 Avtar Singh. The parties are covered by Hindu Law and they constitute a joint Hindu family. The land in question was ancestral in the hands of defendant No. 1. In a family settlement the entire land was divided and the land in suit fell to the share of the plaintiff. Killa No. 59/5 was mortgaged with defendant No. 7, which was redeemed by the plaintiff and an agreement was executed. Defendants No. 2 to 6 filed a civil suit on 30.10.1980 against Avtar Singh and others and that suit was decreed on 18.12.1980. The plaintiff was not impleaded as a party in that suit. The land which fell to the share of the plaintiff, however, was included in that suit which was decreed on 18.12.1980. According to the plaintiff, he is the owner in possession of the suit property by virtue of family arrangement which was reduced into writing on 21.7.1980 and subsequently in the Panchayat dated 5.8.1980. The appellant further alleges that he is not bound by the judgment and decree dated 18.12.1980 to the extent of his share. Hence the suit.

(3.) FROM the pleadings of the parties, the learned trial Court framed the following issues :-