LAWS(P&H)-2003-4-80

HARNEK SINGH Vs. TEK SINGH

Decided On April 01, 2003
HARNEK SINGH Appellant
V/S
TEK SINGH Respondents

JUDGEMENT

(1.) THE present appeal has been filed by plaintiff Harnek Singh. He is aggrieved against the judgment and decree dated October 3, 1979 passed by the learned District Judge, Faridkot whereby the appeal filed by defendants Tek Singh and others was allowed and the decree of the learned trial Court dated August 30, 1978 whereby the suit of the plaintiff was decreed was set aside. Consequently, the suit of the plaintiff Harnek Singh was dismissed by the learned District Judge.

(2.) THERE was one Ghuman Singh son of Bhanga Singh. He had two wives Dharmo and Nand Kaur. Plaintiff-Harnek Singh was born by Dharmo whereas defendants Tek Singh, Bhagwan Kaur, Mann Kaur, Gurdial Kaur and Gurdev Kaur were born by Nand Kaur.

(3.) THE defendants contested the suit. It was denied by them that plaintiff Harnek Singh was given any land by Ghuman Singh in any family settlement or that he was in adverse possession of the same. Various other pleas regarding the bar of limitation, improper valuation for the purposes of court fees and, jurisdiction and non-joinder of necessary parties were also raised.