KARAM SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS is the plaintiff's appeal arising out of suit for declaration to the effect that the plaintiff is owner in possession of the agricultural land measuring 20 kanals 16 marlas.

(2.) OWN Sawan Singh was owner of the land measuring 103 kanals, 18 marlas. Sawan Singh died. It is the case of the plaintiff that Sawan Singh was Karta of Joint Hindu Family. After the death of Sawan Singh, the land was partitioned and the memorandum of partition was scribed. The land measuring 20 kanals 16 marlas has fallen to the share of the plaintiff-appellant. He is in possession of such land to the exclusion of all other defendants who are the other sons of Sawan Singh. It is also alleged that the defendant has paid a sum of Rs. 450/- to the plaintiff as price of the share of the plaintiff in the mango trees already cut and lying in the field.

(3.) LEARNED trial Court framed the following two issues:-