JASBIR SINGH Vs. AJIT SINGH AND ORS.

JUDGEMENT

(1.) The present regular second appeal has been filed against the judgments and decrees of the Sub Judge, 1st Class, Phillaur, dated February 12, 1987 and the Additional District Judge, Jalandhar, dated November 27, 1991, with the prayer that the said judgments and decrees be set aside.

(2.) Briefly, the facts of the case are that one Basant Singh Was the owner of the land measuring 95 Kanals 16 Marias situated in village Sarhali, Tehsil Phillaur. After his death he was survived by three sons and two daughters, who became owners in possession to the extent of one -fifth share each. The three sons, namely, Ajit Singh. Sohan Singh and Pritam Singh, were in possession of the land which had come to their share, as well as the share of the one of their sisters. However, the possession and ownership of the remaining one -fifth share remained with their second sister Ajit Kaur, and after her death, the same was inherited by her daughter Jasbir Kaur. The present suit is qua the land which had come to the share of Ms. Jasbir Kaur daughter of Ms. Ajit Kaur.

(3.) Plaintiffs Ajit Singh and his other two brothers have alleged that they filed a suit for possession against Ms. Jasbir Kaur in the year 1969 and the same was decreed in favour of the plaintiffs by the Sub Judge 1st Class, Phillaur. vide order dated January 15, 1969. The operative portion of the aforesaid order is as follows: -