LAWS(P&H)-1983-10-113

BHAGAT RAM Vs. TEJA SINGH

Decided On October 05, 1983
BHAGAT RAM Appellant
V/S
TEJA SINGH Respondents

JUDGEMENT

(1.) This is defendant's appeal arising out of the suit filed by the present respondent Teja Singh, for possession of land measuring 140 Kanals 19 Marlas, being 1/2 share of the land measuring 281 Kanals 18 Marlas, situated in village Nara, Tehsil and District Hoshiarpur.

(2.) Teja Singh had filed the suit on the allegations that Kehr Singh was the owner of some land situated in Village Antowali, now forming part of Pakistan. Kehr Singh died prior to the partition of India, leaving behind his widow, Kirpo and two daughters, named Santi and Indro (who had been arrayed as defendant No. 1 in the suit). Kirpo succeeded to the estate of Kehr Singh as life owner. After partition of the country, Kirpo and her daughters migrated to India. In lieu of the land left by her in Pakistan, she was allotted the suit land. She died prior to 1956 and Santi and Indro succeeded to her estate as life owners. On the coming into force of the Hindu Succession Act, 1956 (for short the Act), they became full owners. Santi also died. Teja Singh plaintiff claims himself to be the brother of her deceased husband and laid claim to 1/2 share in the suit land which belonged to her (i.e. Santi).

(3.) It was further alleged in the plaint that Bhagat Ram (who had been arrayed as defendant No. 2 and who is now the appellant), was said to have purchased the suit land from Indro. According to the plaintiff, Indro had no right to sell the whole land, as she had only 1/2 share in it.