CHAND SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) Shortly put, facts of the case are that plaintiff Chanan Singh son of Lal Singh, resident of village Machaki Mal Singh, Tehsil and District Faridkot had filed a suit for possession of land measuring 158 kanals 14 marlas situated in the revenue estate of village Machaki Mal Singh against defendants Chand Singh, Kulwant Singh, Jabarjang Singh, residents of village Kameana.

(2.) As per the version of the plaintiff, he and his real brother Hakam Singh constituted a joint Hindu family and they owned 331 kanals 11 marlas of land, which had nature of ancestral and joint Hindu family property; the suit land was in the possession of Hakam Singh as per his share; Hakam Singh died issueless and as a widower, as such the plaintiff succeeded him by way of survivorship.

(3.) Inter alia, the plaintiff alleged that Hakam Singh was physically and mentally weak having poor understanding; he was an illiterate and a rustic villager and he had suffered attack of paralysis about 6-7 years prior to his death. It was further pleaded that Surjit Singh and his wife Gurdeep Kaur are shrewd and resourceful persons, as such Surjit Singh started cultivating the land of Hakam Singh 6-7 years earlier as a tenant and slowly he tried to become owner of the land by suppressing Hakam Singh.