KARAM SINGH Vs. NAZIR SINGH

JUDGEMENT

(1.) Karam Singh appellant-defendant No.2 having remained concurrently unsuccessful in the two Courts below has approached this Court through the present Regular second appeal challenging the judgment dated 29/11/1986 passed by the Sub-Judge II Class, Malerkotala whereby the suit filed by the plaintiffs Nazir Singh and Gurbax Singh was decreed and also the judgment and the decree dated 24/03/1990 passed by the learned Additional Sessions Judge, Sangrur whereby the appeal filed by him was dismissed.

(2.) The plaintiffs Nazir Singh and Gurbax Singh filed a suit for declaration and for possession with the pleas that the parties to the suit are Hindus and governed by Hindu law in the matter of inheritance and succession. It was stated that the plaintiffs and defendants Nos.1 and 2 were members of Joint Hindu Family and were coparceners with Pali as its Karta. The said Pali had died on 1/07/1984. After his death, the land had devolved upon the parties to the suit being ancestral and the parties to the suit had share in the suit property right from birth. During his lifetime, the above said Pali has transferred some property of the suit land in the name of defendant No. 2 vide a collusive decree which was stated to be having no force of law and no effect qua the rights of the plaintiffs. It was also stated that the plaintiffs were not parties to the suit and, therefore, the same was not binding on their rights.

(3.) Vide the aforesaid decree (which was challenged in the present suit) the portion of the suit property was alienated in the name of defendant No. 2 i.e. Karam Singh (present appellant) by Pali, who was merely a Karta of Joint Hindu Family, without any legal necessity and, therefore, the decree was having no force of law and could not effect the rights of the plaintiffs. He further claimed that in the suit said Pali along with plaintiff No. 1 and defendant No.1 was owner in possession of the suit property to the extent of 1/3rd share each. Plaintiff No. 2 Gurubux Singh used to serve the said Pali and, therefore, on 5/03/1973. Pali had executed a valid Will in favour of plaintiff No. 2 and the said Will was got registered at the office of Sub Registrar, Malerkotla. Vide aforesaid Will, Pali had bequeathed his 1/3rd share in favour of plaintiff No. 2 and, therefore, after the death of Pali, plaintiff No. 2 became owner in possession of 1/9th share of the suit property and the remaining 2/9th share belonging to Pali had devolved upon defendants Nos. 1 and 3 to 7.