JAGIR SINGH Vs. GURJIT KAUR AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiff Jagir Singh since deceased (represented by legal representatives) having remained unsuccessful in both the courts below.

(2.) Plaintiff and defendant No. 1 are descendants of Sahib Singh who was great-grand-father of the plaintiff and grand-father of defendant No. 1. Sahib Singh had three sons i.e. Uttam Singh (grand-father of the plaintiff), Jagat Singh (father of defendant No. 1) and Bhagat Singh. Bhagat Singh died issueless leaving behind Dhan Kaur as widow who died later on.

(3.) Plaintiff's case is that Sahib Singh was owner of 73 kanals 9 marlas including suit land measuring 41 kanals and also of the suit plot. On his death, his three sons inherited 1/3rd share each therein. However, on the death of Bhagat Singh and his wife Dhan Kaur, his 1/3rd share came to other two branches and accordingly, plaintiff and defendant No. 1 became owner to the extent of half share each. However, revenue records wrongly depicted the plaintiff to be having 1/4th share in the suit land and defendant No. 1 to be having 3/4th share therein.