VIDER LAL Vs. DES RAJ

JUDGEMENT

(1.) THIS second appeal filed by the plaintiff is directed against the judgment and decree dated 30.7.1984 passed by District Judge, Hoshiarpur whereby the appeal against the judgment and decree of the trial Court dated 15.6.1983 dismissing his suit for possession by way of partition of 1/3rd share in the properties in dispute has been dismissed.

(2.) THE dispute herein is between a brother on the one side and his mother Bakshish Kaur, Des Raj brother and sons and the daughters of his other brother Om Parkash on the other. Vider Lal son of Khushi Ram, the present appellant filed a suit for possession by way of partition of 1/3rd share in the properties fully detailed in the head note of the plaint against them alleging that Khushi Ram father of the appellant was the owner of the properties in dispute out of which properties mentioned at (i) to (iv) were allotted to him by the Rehabilitation Department whereas property mentioned at (v) in the head note of the plaint was purchased by him from one Lakha Singh vide registered sale-deed dated 1.6.1960. Khushi Ram died on 21.9.1983 and before his death, he had executed a will in respect of his entire estate in favour of his son i.e. the present appellant, his wife Bakshish Kaur and sons Des Raj and Om Parkash who by virtue of the said will became owners of the aforesaid properties in equal shares. On the death of Om Parkash, 1/3rd share of the properties in dispute fell in the share of his sons and daughters i.e. respondents 3 to 8. Since the appellant did not want to keep the properties joint, he filed a suit for possession in respect of /3rd share by way of partition of the properties in question.

(3.) THE parties went to trial on the following issues :