JOGINDER SINGH Vs. BHAGAT SINGH AND OTHERS

JUDGEMENT

(1.) THIS is a Letters Patent Appeal from the judgment of a learned Single Judge who allowed the appeal and set aside the decision and the decree of the Courts below and granted a decree in favour of the plaintiffs declaring that they were the owners of the suit property to the extent of two -third share. The following pedigree -table will be helpful in understanding the respective contentions of the parties: -

(2.) THE suit is between Bhagat Singh and Thaman Singh plaintiff's sons of Ram Singh from Mst. Thakri on the one side and Joginder Singh son of Ram Singh from Mst. Rami on the other. Mst. Santi had married Chanan Singh who was the other son of Ram Singh from Mst. Rami. Chanan Singh predeceased Ram Singh and on his death Mst. Santi married by Karewa Joginder Singh defendant'. Bhagat Singh and Thaman Singh plaintiffs had instituted a suit for declaration that they were entitled to the land left by Ram Singh, their father, according to the rule of Pagwand to the extent of two -third share. The contention of the defendants was that among their community, Sainis of Jullundur, Chundawand custom prevailed. In other words, the rule of succession was per capita and not per stirpes. On the pleadings of the parties the trial Court framed the following issues: -

(3.) RELIEF .