HARBHAJAN SINGH Vs. PARDUMAN SINGH AND ORS.

JUDGEMENT

(1.) This is defendant's second appeal whereby judgment and decree dated 02.06.1990 have been assailed. The Additional District Judge, Gurdaspur while accepting the appeal of plaintiffs-respondents with costs reversed the findings recorded by the Additional Senior Sub Judge, Batala.

(2.) For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiffs Parduman Singh and others and defendants No. 2 and 3 are son and daughter of Harbans Singh defendant No. 1. Plaintiffs Parduman Singh and others had filed suit for joint possession of the land which is joint Hindu Family ancestral and coparcenary property of the plaintiffs and defendants in equal shares i.e. 1/7th share each. Harbans Singh was the owner of the property. He had performed two marriages during his life time i.e. one with Smt. Balbir Kaur and other with Smt. Parkash Kaur. Plaintiffs Parduman Singh, Paramjit Singh, Kulwinder Singh and Malook Singh were born out of wedlock of Harbans Singh and Smt. Balbir Kaur whereas Harbhajan Singh and Jagiro @ Jagir Kaur (defendants No. 2 and 3) were born out of wedlock of Harbans Singh and Smt. Parkash Kaur. Harbans Singh defendant No. 1 had performed marriage with Smt. Balbir Kaur prior to the enactment of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). Smt. Parkash Kaur died about 9/10 years back prior to the filing of the Civil Suit. The parties to the litigation are members of Joint Hindu Family and are governed by Hindu Law in the matters of alienation and succession. There is no contrary evidence available on file that the parties were governed by customary Law. The suit property was not self acquired property of Harbans Singh.