GURBACHAN SINGH AND ANR. Vs. GUR IQBAL SINGH

JUDGEMENT

(1.) THE parties to this appeal are , brothers being sons of Resaldar Gujjar Singh, who died in 1947. The Plaintiffs are two elder brothers and the Defendants is the youngest. Resaldar Gujjar Singh, father of the parties, was owner in West Punjab of 128 acres and 5 kanals of agricultural land in District Montgomery and also in Basao Kot in tehsil Shakargarh, now, in Pakistan. After the partition of the country 52 standard acres and 12 1/2 units of land were allotted to Resaldar Gujjar Singh in village Sarchur in lieu of the above mentioned land left in Pakistan. This has subsequently been revalued at 104 standard acres and 4i - units.

(2.) THE Plaintiffs were in service - Lt. Gurbachan Singh being in the Army and Gurbhajan Singh was a Veterinary doctor. The Defendant used to work on the land along with his father. In 1945 Resaldar Gujjar Singh gave to his youngest son land measuring 219 kanals and 1 marla in Chak No. 25/2. L. in Okara and the mutation was sanctioned on 13th January, 1947, after enquiry by the Revenue Officers. A copy of this mutation is placed on the record as Exhibit P. 3. It is alleged in the plaint, that the two Plaintiffs were also given agricultural land in Chak Nos. 55/E.B. and 57/E.B. near Arifwala. They were given more land and their share came to 84 acres 7 kanals and 8 marlas. In other words 381 kanals fell to the share of each of the Plaintiffs. Their father had kept with himself the remaining land which was situated in Chak No. 25/2.L. and Chak No. 54/2.L. in Okara and the entire land in village Basao Kot. The land which was given to the Plaintiffs was not entered in the revenue records as no mutation had been effected.

(3.) IN the present suit the Plaintiffs pray as under: -