SANTOKH SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) None is present on behalf of the respondent despite several calls. Santokh Singh, appellant has preferred this Regular Second Appeal challenging judgment and decree dated 30.9.2003 of learned Additional District Judge, Ludhiana, whereby while reversing the judgment and decree dated 3.4.2003 of Civil Judge [Junior Division], Samrala, the suit filed by the plaintiff-appellant has been dismissed.

(2.) This appeal concerns a family dispute where two brothers are facing each other in litigation inter alia with regard to ownership of an electric connection bearing Account No. P-166 and electric motor of 5 BHP installed in covered area called kotha, which was earlier in the name of their father, Saun Singh son of Dharam Singh, resident of Village Powat, Tehsil Samrala, District Ludhiana. After the death of Saun Singh, their father, both the brothers have claimed equal share in his estate in a separate suit bearing No. 275/86-350/87 instituted on 28.7.1986/10.12.1987 which was decided on 8.2.1988 whereby 1/3rd share was held in favour of the present appellant, Santokh Singh and 2/3rd share was held in favour of his brother, Bhajan Singh. The appellant herein as also his brother, Bhajan Singh both filed first appeals challenging the judgment and decree dated 8.2.1988 passed by Sub Judge Ist Class, Samrala. In the said adjudication by the first Appellate Court, rendered on 30.1.1990, appeal of the present appellant [Santokh Singh] was accepted whereas of his brother, Bhajan Singh was dismissed. The effect of decision of the said first appeal would be that both the brothers are in joint possession of the estate of Saun Singh.

(3.) R.S.A. No. 702 of 1990, preferred by Bhajan Singh, respondent herein, has been dismissed today for non-prosecution.