KULJIT SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) C. M. No. 10130-C of 2010 : Allowed as prayed for. Main Appeal : Plaintiffs Kuljit Singh etc. having failed in both the courts below are in second appeal.

(2.) PLAINTIFFS' case is that the suit land measuring 135 kanals 13 marlas was owned by Saudagar Singh and on his death, was inherited by his three sons namely Jaswant Singh, Balwant Singh and Dalip Singh in equal shares i.e. 1/3rd share each. Defendant Surjit Singh is son of Jaswant Singh and inherited his 1/3rd share. PLAINTIFFS no.1 to 4 are sons of Balwant Singh and inherited his 1/3rd share, whereas plaintiffs no.5 to 7 (plaintiff no.7 since deceased and represented by appellants no.7 and 8) being sons of Dalip Singh, inherited his 1/3rd share. Accordingly, plaintiffs sought joint possession of 2/3rd share of the suit land and also claimed permanent injunction restraining the defendant from alienating the suit land in excess of his 1/3rd share.

(3.) LEARNED Civil Judge (Junior Division), Gurdaspur, vide judgment and decree dated 29.08.2008, dismissed the plaintiffs' suit. First appeal preferred by plaintiffs has been dismissed by learned Additional District Judge, Gurdaspur, vide judgment and decree dated 15.03.2010. Feeling aggrieved, plaintiffs have filed this second appeal.