JANGSHER SINGH Vs. BACHNI AND OTHERS

JUDGEMENT

(1.) Plaintiff Jangsher Singh having been non-suited by both the courts below has filed this second appeal.

(2.) Plaintiff appellant filed suit against Sawan Singh, Sadhu Ram and Gurnam Singh (all since deceased and represented by respondents as their legal representatives) alleging that plaintiff's maternal grandmother Smt. Indi was owner in possession of the suit bara. Plaintiff's mother was the only child of Indi. Indi executed Will dated 23.5.1972 in favour of plaintiff and his brothers regarding her entire property including the suit property. Accordingly, on the death of Indi on 28.7.1974, plaintiff and his brothers become owners in possession of the properties of Indi including the suit property. In family settlement, the suit property along with some other houses fell to the share of plaintiff who is owner in possession thereof.

(3.) Defendants threatened to invade the rights of the plaintiff. Initially defendant no. 2 Sadhu Ram obtained decree dated 27.2.1986 in his favour against Gurnam Singh and subsequently defendant no. 1 Sawan Singh obtained decree dated 11.1.1989 against both defendants no. 2 and 3, thereby also setting aside earlier decree dated 27.2.1986. The plaintiff sought declaration that he is owner in possession of the suit property and that aforesaid decrees dated 27.2.1986 and 11.1.1989 are null and void etc.