HARNEK SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs Harnek Singh and Bhajan Singh sons of Santokh Singh have filed the present appeal and it has been directed against the judgment and decree dated 7.10.1999 passed by Addl. District Judge, Ludhiana who affirmed the judgment and decree dated 3.4.1997 passed by Civil Judge (Junior Division), Samrala who dismissed the suit of the plaintiff -appellants for declaration and joint possession as prayed for.

(2.) THE brief facts of the case are that appellants filed a suit for declaration to the effect that they and defendants No. 1 and 2 are absolute owners in equal shares i.e. 1/4th share each of the land fully described in the head-note of the plaint and that a decree for joint possession of the said land be passed in their favour and defendant No. 1 and 2. The case set up by the plaintiffs in the trial Court was that they and defendants No. 1 and 2 are Jat Sikh and governed by Hindu Law. The suit property is a coparcenary property of the plaintiffs and defendants No. 1 and 2 and Santokh Singh, father of the plaintiffs, was acting as Karta of the family. He died on 24.5.1990 and after his death plaintiffs and defendants No. 1 and 2 have become the absolute owners in equal shares of the suit property. The mutation bearing No. 3921 of the suit property in favour of defendants No. 1, 3 and 4 i.e. Sukhdev Singh, Kuldip Singh and Ravinder Singh alias Rajinder Singh respectively is illegal, null and void as the property has been wrongly mutated in their names on the basis of registered will dated 8.5.1990. According to the plaintiff-appellants, defendants No. 3 and 4 are minors and they have been impleaded through their father Kewal Singh, defendant No. 2, are who has no adverse interest against them.

(3.) THE plaintiffs filed a re-joinder to the written statement of the defendants in which they reiterated their averments made in the plaint by denying those of the written statement and from the pleadings of the parties following issues were framed:-