MILKHI RAM Vs. KEWAL SINGH

JUDGEMENT

(1.) Briefly, the facts are that Dhanna Singh was the owner of the property in dispute which he sold for an amount of Rs.4,700/- to Milkhi Ram vide sale deed dated 1st Feb. 1956. Kewal Singh one of the sons of the alienor instituted a usual declaratory suit. A compromise was effected between the plaintiff and Milkhi Ram alienee, according to which it was agreed that the reversioners would be entitled to possession of the land in dispute on payment of Rs.3,500/ after the death of Dhanna Singh. He died on 1st Aug. 1965, leaving Kewal Singh and Sibu, sons, two daughters and a widow, Kewal Singh and Sibu filed a suit for possession of the land on payment of Rs.3,500/-against Milkhi Ram alienee, claiming that they inherited the property through a will dated 24th May, 1965.

(2.) The suit was contested by the defendants inter alia on the ground that the daughters and the widow of the deceased were entitled to the share as no will had been executed by the deceased in favour of his two sons. He further pleaded that Sibu was not entitled to any share as he had consented to the sale.

(3.) The learned trial Court held that after the death of Dhanna Singh, sons, daughters and widow of the deceased were entitled to inherit the property in equal shares but Sibu had consented to the sale and the widow and daughters had not filed the suit for possession. Therefore, of 1/5th share on payment of Rs.700/-. The plaintiffs went up in appeal before the Additional District Judge, Jullundur, who modified the decree of the trial Court and held that Kewal Singh was entitled to one-half of the property in view of the will of the deceased dated 24th May, 1965, on payment of Rs.1,750/-. He however, affirmed the finding of the trial Court that Sibu, in view of his consent regarding the sale, was not entitled to his share. Consequently, he partly accepted the appeal and passed a decree in favour of Kewal Singh for one-half of the property on payment of Rs.1,750/-. The defendant has come up in second appeal to this Court.