MAJOR SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) DEFENDANT appellant (hereinafter the defendant) has come up in Regular Second Appeal against the Judgment and decree of the first Appellate Court dated September 5, 1979 partially modifying those of the trial Judge.

(2.) IN order to appreciate the dispute between the parties, it will be better to reproduce their pedigree-table as under: ram Singh Nigahia Teja Singh Darbara Singh Ujagar Singh Joginder Singh (plaintiff ).

(3.) NIGAHIA and Teja Singh owned the Suit land with half share each. Nigahia was succeeded to by his three sons namely, Darbara Singh, Ujagar Singh and Joginder Singh. Ujagar Singh died on April 19, 1945 and his share was mutated in the name of his widow Smt. Jangir Kaur. Smt. Jangir Kaur remarried Joginder Singh, in the Karewa and it is alleged that from this wedlock, Major Singh defendant and one Dhiraj Singh were born. Joginder Singh otherwise remarried Smt. Dalip Kaur who gave birth to two sons namely, Zora Singh and Nirmal Singh. Darbara Singh died on May 27, 1952 and his estate was mutated in the names of Sm. Jangir Kaur and Joginder Singh in equal shares. Smt. Jangir Kaur died on March 13, 1968 and her share was mutated in favour of Major Singh, Dhiraj Singh sons and Joginder Singh husband in equal shares. Teja Singh bequeathed his estate in favour of Major Singh, Zora Singh and Nirmal Singh sons of Joginder Singh became the owner of 1/3rd share in the state of Nigahia Singh while Major Singh and Dhiraj Singh got 1/4th, share each. Joginder Singh and Dhiraj Singh (hereinafter the plaintiffs filed a suit for perpetual injunction restraining the defendant from interfering with the possession of the plaintiffs over the suit land.