GURCHARAN SINGH Vs. ROORI ALIAS JITO AND OTHERS

JUDGEMENT

(1.) Gurbachan Singh minor through his uncle Tota Singh has filed this appeal against the judgment and the decree dated 20th May, 1975, of the learned Additional District Judge, Faridkot, by which the judgment and decree of the trial Court were set aside and the plaintiffs' suit for possession of the land in dispute measuring 59 Kanals and 5 Marlas to the extent of 1/6th share was decreed with the direction that before getting the possession, the plaintiffs shall pay to the vendee-defendant half of the mortgage amount of Rs. 835.50 i.e. Rs. 417.75.

(2.) In order to appreciate the controversy certain salient features of the case may be noticed :-

(3.) One Sunder Singh son of Chattra was the owner of 1/3rd share of land. On his death which occurred in the year 1962, his share in the land was mutated in the names of his two daughters, Veero and Gurdial Kaur, defendants No. 1 and 2, vide mutation dated 7th June, 1965, Exhibit D-4. Veero and Gurdial kaur sold away their one-third share in favour of Gurcharan Singh, defendant No. 3, for a sum of Rs. 10,000/- by means of a registered sale deed dated 1st July, 1968. Exhibit D-2. Smt. Roori filed a suit out of which this appeal has arisen, claiming 1/9th share in the land i.e. 1/3rd share in Sunder Singh's share on the pleas that she was the daughter of Gurdial Singh, the pre-deceased son of Sunder Singh and as such was entitled to inherit Sunder Singh's estate equally with Veero and Gurdial Kaur and that Veero and Gurdial Kaur had unlawfully sold away the plaintiffs' share and the sale so far as it concerned their share was void and ineffective.