DALPAT SINGH ETC Vs. RAJWANT SINGH ETC

JUDGEMENT

(1.) THIS is a defendant's appeal against a judgment and decree of Mr. Behari Lal, Subordinate judge 1st Class, dated 23-3-1948 decreeing the plaintiffs' suit for possession.

(2.) THE parties belong to Sandhanwalia family and their relationship will be clear from the pedigree-table, Exh. D7 which is at page 124 of the paper book and the pedigree-table given at page 68 of the paper book which when combined is as follows: s. AMIR SINGH ___________________________________|__________________________________________ _ | | | | s. Attarsingh S. Budhsingh S. Wasawa Singh S. Lehna Singh | | (His descendants are owners in | s. Kehr Singh S. Shamsher Singh Randhir Singh) | | | | sardarni Har Kaur S. Bakhshish Singh adopted son | | | s. Raghbir Singh | __________________________________________________________________________|___ ___ | | | | s. Partap Singh S. Thakar Singh S. Gurdit Singh S. Bakhshish Singh (adorted by | | _________|___________ S. Shamsher Singh; adopted son of the widows S. Narindar Singh | | | S. Pritam Singh S. Sarop Singh sardarni Asil Kaur=s. Gurbachan Singh |___________________________ ________________|_________________ | | baldev Kaur (daughter) Karam Kaur (daughter) (Plaintiff 2)____________|___________ | | rajwant Singh (Plaintiff 1) Dhanraj Singh ___________________|____________________ | | prithraj Singh (Defendant 12) Bawishraj Singh (Defendant 13)

(3.) ON 16-8-1944 the plaintiffs brought a suit for possession of 6390 'kanals' 1 'marla' of land In 'mauza' Raja Sansi, 1653 kanals 9 'marlas' of land in Saidupura and one-sixth share in a 'bunga' and a 'tavela' situate in Amritsar town alleging that the property was non-ancestral and they as the daughter and daughter's sons of S. Gurbachan Singh and Sardarni Asil Kaur were preferential heirs of S. Gurbachan Singh and Sardarni Asil Kaur as against defendants 1 to 8 who were the collaterals. Defendants 9 to 11 are alleged to be alienees of some portions of the property in dispute from the collaterals and defendants 12 and 13 were the sons of Dhanraj Singh, a son of baldev Kaur. On 9-2-1948 defendants 12 and 13 applied to be transposed as plaintiffs and this was allowed.