LAKHWINDER SINGH Vs. JOGINDER SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff No. 1 Lakhwinder Singh having lost in both the courts below has come up by way of second appeal.

(2.) Suit was filed by appellant-plaintiff No. 1 along with his brother Sukhwinder Singh plaintiff No. 2/proforma respondent No. 4. However, suit on behalf of plaintiff No. 2 stood dismissed under Order 9 Rule 8 of the Code of Civil Procedure.

(3.) Plaintiffs alleged that their father Dara Singh since deceased and his real brother Joginder Singh defendant/respondent No. 1 (father of defendants/respondents No. 2 and 3) were in possession of four properties depicted by marks ABC and D in the site plan annexed with plaint. By way of oral partition, suit plot mark A measuring 15 marlas and residential house mark B measuring 6 marlas fell to the share of plaintiffs' father Dara Singh whereas plot mark C measuring 71/2 marlas and house mark D fell to the share of defendants who are in possession thereof. After death of Dara Singh, plaintiffs being his sons and legal heirs became owner in possession of plot mark A and house mark B. However, the defendants without any right, title or interest threatened to dispossess the plaintiffs from plot mark A. Accordingly, plaintiffs sought permanent injunction restraining defendants from doing so.