LAL CHAND Vs. TARA CHAND AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal (RSA) arises out from a suit instituted by 3 daughters of Lachhman Singh impleading the other legal heirs and others as necessary defendants. Two of the plaintiffs in the suit, namely; Smt. Chhoto Devi and Smt. Shakuntla are respondents No. 2 and 3 herein and respondent No. 1-Sunil Kumar is the legal representative of Chandro Devi (since deceased) daughter of Lachhman Singh who was plaintiff No. 1. The suit was filed by the plaintiffs seeking possession by way of partition with consequential relief of permanent injunction in respect of land measuring 13 biswas bearing khasra No. 10479/7975 bounded as detailed in the plaint.

(2.) It was stated that Lachhman Singh sold a plot measuring 150 Sq. Yards out of the suit land to Dalip Singh whose son, namely; Zile Singh was impleaded as defendant No. 13 (respondent No. 14 herein) vide the registered sale deed of the year 1964. Dalip Singh aforesaid has died and is represented by defendant No. 13 in the suit. Lachhman Singh also gave 150 Sq. Yards of his property in favour of his grand-daughter Kamlesh who was defendant No. 14 (respondent No. 15 herein). After deducting the aforesaid 300 sq. yards, Lachhman Singh was left with 13 biswas of the land, which the plaintiffs i.e. three daughters of Lachhman Singh claimed to have inherited 1/6th share each and rest of the share in this plot was inherited by two sons of Lachhman Singh who were defendants No. 1 and 2 and the remaining 1/6th share devolved upon Chameli Devi D/o Lachhman Singh represented by defendants No. 3 to 10 (respondents No. 5 to 12) as her legal heirs.

(3.) The appellant who was defendant No. 2 had mainly contested the suit whereas defendant No. 1-Tara Chand his brother admitted the claim of plaintiffs. Various preliminary objections were taken that the suit was not maintainable in the present form; it was barred by time; bad for partial partition etc. The suit property was self-acquired property of Lachhman Singh who bequeathed it in favour of his two sons.