SURINDER SINGH Vs. PIARA SINGH AND ORS.

JUDGEMENT

(1.) This was an appeal preferred by Surinder Singh son of Ajit, appellant-defendant No. 1 (hereinafter referred to as "defendant No. 1") impugning the judgment and decree dated 13.03.1986 granted by learned Additional District Judge, Jalandhar reversing the judgment and decree dated 21.03.1985 passed by Sub Judge 1st Class, Phillaur, by virtue of which the suit for permanent injunction filed by plaintiffs-respondents Piara Singh and another was dismissed. The dispute between the parties was with regard to inheritance of half share owned by deceased Shri Hazara Singh in land bearing Khewat No. 703, Khatoni No. 1167, Khasra No. 683(1-2) having a structure thereon, situated in Village Ruka Khurd, Tehsil Phillaur, District Jalandhar (hereinafter referred as the "suit land"). The plaintiffs-respondents Piara Singh and Swaran Singh sons of Hazara Singh (hereinafter referred to as "plaintiff) claimed to be owners in possession of 2/3rd share in the suit land being sons/class-I heirs of Shri Hazara Singh and also by virtue of Will dated 18.04.1977 allegedly executed by Shri Hazara Singh. Ajit Singh (defendant No. 2) son of Hazara Singh was said to be co-owner to the extent of 1/3rd share as per the recital in the Will.

(2.) Admittedly, Surender Singh (defendant No. 1) is son of Ajit Singh (defendant No. 2) and Smt. Bachan Kaur (defendant No. 3) is the real sister of the plaintiffs and defendant No. 2. The suit land measuring 1 Kanal 2 Marlas was owned by Hazara Singh and Bhan Singh. During their lifetime, they effected partition and Hazara Singh was allotted half share falling towards the Eastern side.

(3.) The suit was contested by Shri Surinder Singh (defendant No. 1) and by Smt. Bachan Kaur (defendant No. 3) by filing separate written statements.