BHUPINDER SINGH Vs. PAL SINGH AND OTHERS

JUDGEMENT

(1.) Cm No. 14804-C of 2015

(2.) Impugned in the present regular second appeal is the judgment and decree dated 11.12.2014, passed by the learned District Judge, SBS Nagar at Nawanshahr, affirming the judgment and decree dated 29.7.2013, passed by the learned Additional Civil Judge (Senior Division), SBS Nagar, vide which the suit of the plaintiff was dismissed with costs.

(3.) Briefly stated, the plaintiff had filed a suit for joint possession of the suit land, claiming that defendant No. 1 (his grandfather) is Karta of the Joint Hindu Family and, therefore, the suit property is Joint Hindu Family co-parcenary and ancestral property. He had further claimed that plaintiff and defendant No. 1 constituted a Joint Hindu Family. The lower Court, after examining the revenue record, came to the conclusion that Pal Singh, the grandfather of the plaintiff, had inherited this property on the basis of Will. Therefore, it does not continue to be ancestral property. It was further held that the plaintiff is not living jointly with defendant No. 1. Therefore, he does not constitute Joint Hindu Family with him. Consequently, the suit was dismissed. The findings were upheld in appeal.