KAUSHALYA DEVI Vs. HARI SINGH

JUDGEMENT

(1.) The defendant/appellant has challenged the judgment and decree dated 29.4.1986, passed by the learned courts below vide which the suit filed by the plaintiff/respondent for partition was ordered to be decreed.

(2.) The plaintiff/respondent brought a suit for partition for separating his 5/6th share from the properties situated within the revenue limits of Sangrur as detailed in the head-note of the plaint on the pleadings that Labh Singh and Hari Singh constituted a joint Hindu family with Bishan Singh. Bishan Singh was the Karta of said family. After his death, Labh Singh became Karta of joint Hindu family. Two shops and two houses were joint Hindu family and coparcenary property of Bishan Singh and his sons and after his death it continued to be joint Hindu family and coparcenary property of the plaintiff and Labh Singh.

(3.) Labh Singh deceased leased out Shop No. 1 to Prit Pal Singh, whereas second shop mentioned in the head-note of the plaint was leased out to Narinder Kumar, defendant No. 3. Ground floor of the house mentioned at Sr. No. 3 was leased out to Gurmail Singh, whereas in the upper story Kaushalya, defendant No. 1 used to reside. Smt. Harnam Kaur widow of Bishan Singh died on 11.2.1981. On the death of Labh Singh Smt. Harnam Kaur and Smt. Kaushalya Devi succeeded to his share according to Hindu Succession Act. It was pleaded that Smt. Harnam Kaur got half share in the joint Hindu family coparcenary property. Smt. Harnam Kaur in sound and disposing state of mind executed a registered Will on 29.9.1978 and bequeathed all her properties to the plaintiff/respondent.