KIRAN BALA Vs. BARKHA RAM

JUDGEMENT

(1.) The defendants-appellants have filed Regular Second Appeal against the judgment passed by learned First Appellate Court. Learned First Appellate Court has reversed the findings of the learned Trial Court.

(2.) In the considered view of this Court, following question of law arise for consideration:-

(3.) Late Sh. Sadhu Ram was common ancestor of the parties to this litigation. Late Sh. Sadhu Ram initially married with Jatan Devi. Late Sh. Sadhu Ram was elected as member of Legislative Assembly(MLA) for two terms. He was also a freedom fighter and Chairman of the Freedom Fighters Board. From the wedlock with Jatan Devi, two sons were born namely Sardara Singh and Barkha Ram. Jatan Devi is stated to have died. Late Sh. Sadhu Ram got purchased two separate parcels of land in favour of Sardara Singh and Barkha Ram, his sons through two sale deed, first dated 16.2.1959 with respect to land measuring 24 bighas and 19 biswas, whereas, second dated 18.3.1963 with respect to 73 kanals 7 marlas of land. In the aforesaid sale deed, half share of the land was purchased in the name of wife of Ganga Ram (brother of Sadhu Ram) and remaining half was purchased in the name of Sardara Singh and Barkha Ram. Sadhu Ram is stated to have married with Smt. Jawantri Devi after the death of 1st wife Jatan Devi. From second marriage, three sons namely Ram Niwas, Varinder Pal and Sushil Kumar and four daughters namely Santosh Kumar, Sudesh, Kusum and Rita were born.