HARNAM KAURS Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This regular second appeal arises out of a suit filed by respondent No. 1/plaintiff - Niranjan Singh for declaration to the effect that he is owner in possession of the land measuring 19 kanals 9 marlas, fully described in the headnote of the plaint situated in the revenue limits of village Goh, Sub Tehsil Khanna, and consequential relief of permanent injunction restraining the defendants from interfering in the possession of the plaintiff. The Court of first instance vide judgment and decree dated 18.03.1983 dismissed the suit holding that land in question is not Joint Hindu Family ancestral coparcenary property of the plaintiff and Kaka Singh (deceased). Respondent No. 1/plaintiff preferred an appeal. Learned Additional District Judge, Ludhiana, vide judgment and decree dated 08.08.1984 reversed the judgment and decree of the Court of first instance and decreed the suit of the plaintiff.

(2.) In the replication plaintiff reiterated allegations mentioned in the plaint and denied the averments in the written statement.

(3.) On perusal of the pleadings of the parties, the Court of first instance framed following issues:-