GURDIAL SINGH Vs. JOGA SINGH

JUDGEMENT

(1.) JOGA Singh, plaintiff-respondent filed a suit through his attorney-mother, Smt. Mango against his brother Gurdial Singh for separate possession of 5/12th share of the property in dispute. The case set up by the plaintiff-respondent is that the property in dispute was owned by Mehar Chand and Dogar in equal share, Dogar executed a will in favour of the plaintiff and defendant No. 1. After the death of Dogar, his share was inherited by the plaintiff and defendant No. 1 to the extent of 1/4th share out of the total property. Thereafter, Mehar Chand also died and the plaintiff inherited 1/6th share from the property of Mehar Chand. The further case of the plaintiff is that defendant No. 2, Jeeto, is the widow of their third brother, namely, Sadhu. After the death of Sadhu, Jeeto and Gurdial Singh were living as husband wife and were not allowing the plaintiff to make use of the joint property and, therefore, he filed a suit for separate possession by way of partition.

(2.) THE suit was contested by the appellant-defendant and he controverted the allegations that the joint property has already been partitioned many years back and pleaded that the property mentioned at No. 1 fell to the share of the plaintiff-respondent while the property described at serial (b) became their ownership. They further pleaded that they are owners of 2/3rd share i.e eastern side of the property described at serial No. (c). However, it was admitted that at one time the suit properties were jointly held by their father, Mehar Chand and uncle Dogar. The execution of the Will by Dogar, as per allegation in the plaint, was also admitted but the suit was also opposed on so many technical grounds taken by the defendant-plaintiff.

(3.) THE learned trial Court, after recording the evidence of the parties, decreed the suit in favour of the plaintiff vide judgment and decree dated 15.12.1980 and held that he is entitled to 5/12th share of the properties described in the title of the plaint by partition, aggrieved by which the defendant-appellant filed an appeal before the learned Additional District Judge, Hoshiarpur. The said appeal was dismissed vide judgment and decree dated 10.10.1983.