SARDARI @ ISHRO AND OTHERS Vs. JAGIR SINGH

JUDGEMENT

(1.) The appellants are the plaintiffs whose claim for a share in the property has been dismissed by the two courts below. The 1st plaintiff and the mother of the plaintiffs 2 to 4 are sisters. They are the children of Jagir Singh through his wife Jiwani. The 1st defendant is the son of Sada Ram-the father of the 1st plaintiff and the defendants 5 to 8 are the sons of the 1st defendant. Defendants 2 to 4 are the representatives of Jagir Kaur, who is the sister of the 1st defendant.

(2.) The suit was rested on a plea that the properties in two villages Badheri and Sukhpura were ancestral properties and on the death of the father on 01.01.1983, each of the daughters became entitled to 1/4th share along with the defendants 1 and 2, who like the 1st plaintiff, were each entitled to 1/4th share. The defendants denied generally the averment in the plaint that the properties are ancestral and contended that the 1st defendant and defendants 5 to 8 got the suit properties by virtue of a decree passed in Case No.321 of 1977.

(3.) At the trial, the defendants had also set up a case of a Will as alleged to have been executed by the father but the court discarded the defence as without pleading and hence of no merit. Although the trial court had decreed the suit, the appellate court reversed the decision and held that the plaintiffs cannot have any right in the property which was already given a way in the decree to the defendants. Even while affirming the finding of the trial court that the appellate court found that the properties in Badheri was ancestral and the subsequent acquisition at Sukhpura had been made out of the income from the said properties. The court also found that a decree had been suffered by the father allowing for transmission of all the properties in suit to be enjoyed in favour of the plaintiffs there and the defendants herein and that the father left behind no estate to succeed in favour of the plaintiffs.