BHAGAT RAM Vs. BANT SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs in the trial Court have filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 27.8.1990 passed by the Court of Additional District Judge, Ludhiana who affirmed the judgment and decree dated 19.3.1990, passed by the Court of Sub Judge 1st Class, Ludhiana, who dismissed the suit of the plaintiffs.

(2.) SHRI Bhagat Ram, Shri Bhupinder Singh, Shri Darshan Singh and Shri Harvinder Singh son of Shri Ram Singh filed a suit for permanent injunction against Shri Bant Singh alias Bant Dass and Ram Singh son of Bhagat Ram restraining Bant Singh alias Bant Dass from disturbing the actual physical possession of the plaintiff over the land measuring 104 Kanals 11 Marias as per entry in the jamabandi for the year possession of the years 1982 -83, fully detailed in the head note of the plaint.

(3.) THE suit was contested by Shri Bant Dass alias Bant Singh urging that l/3rd share of Pritam Singh had not devolved upon Bhupinder Singh etc. He is close heir of Pritam Singh and has inherited his estate. The plaintiff have filed the suit in collusion with Ram Singh defendant Bhagat Ram is Ram Singh's father while Bhupinder Singh etc. are Ram Singh's sons. Ram Singh defendant had fabricated sale deeds touching the land belonging to him. He filed a suit challenging those sale deeds. The suit was decreed in his favour. Appeal of Ram Singh was dismissed by the District Judge, Ludhiana, Ram Singh filed an appeal which is pending before the High Court, Ram Singh had prayed for the stay of dispossession. His prayer was declined by the High Court. Ram Singh was not the co -owner. The area in his possession is the area the possession of which he took illegally after the sale. The plaintiffs are claiming ownership on the basis of fraud and fictitious Will of Pritam Singh alias Pritam Dass who did not execute any Will. Bhagat Ram is the owner to the extent of l/3rd share. Bant Singh is the owner to the extent of 2/3rd share i.e. l/3rd share in his own right and l/3rd share inherited by him from Pritam Singh alias Pritam Dass. Land measuring 104 Kanals 11 Marias was in possession of all the three co -sharers i.e. Bhagat Ram, Pritam Dass and Bant Dass. Land was joint shown in the revenue record. It was in separate cultivating possession of Bhagat Ram, Pritam Dass and Bant Dass. The instant suit has been filed by Bhagat Ram and his grand sons in order to usurp the land of the share of the defendant.