MOHINDER SINGH & OTHERS Vs. DALIP SINGH

JUDGEMENT

(1.) Mohinder Singh etc. sons and legal representatives of original defendant Bakhshish Singh since deceased have filed this second appeal, having been unsuccessful in both the courts below. Suit was filed by respondent-plaintiff Dalip Singh against his brother Bakhshish Singh-defendant for partition of suit land measuring 1 Kanal comprised of Khasra No. 143//13/3 situated in abadi deh of village Ghal Kalan. Ancillary relief of injunction was also claimed.

(2.) The plaintiff alleged that both plaintiff and defendant are owners of the suit land in equal shares having been purchased by Pala Singh and defendant vide dale deed dated 05.09.1967. Mutual partition was effected between them but the same was not recorded in revenue record. After death of Pala Singh, his share in the suit land was inherited by the plaintiff vide inheritance mutation No. 7903. The plaintiff also constructed a room in his portion and planted some trees.

(3.) The defendant controverted the plaint allegations and pleaded that plaintiff has become owner of the suit property on the basis of some forged documents. Family partition between Pala Singh and defendant was denied. Pala Singh resided with the defendants. Jurisdiction of Civil Court to try the partition suit was pleaded to be barred. Various other pleas were also raised.