MAJOR SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) Defendants No.2 and 4 have filed this appeal against judgment and decree dated 31.08.2013 passed by Additional District Judge, Ludhiana vide which judgment and decree dated 31.07.2009 passed by Civil Judge (Jr. Divn.) Ludhiana has been upheld.

(2.) Plaintiffs filed suit for declaration and permanent injunction of the land as detailed in the headnote of the plaint, alleging that plaintiff No.1 is widow of Sh. Gurmail Singh and plaintiff No.2 is minor daughter of Sh. Gurmail Singh. Plaintiff No.1 has no adverse interest than the plaintiff No.2, therefore, plaintiff No.2 has been represented by plaintiff No.1 as her mother/guardian and next friend. Plaintiffs further alleged that the agricultural land and house as shown in the plaint constituted Joint Hindu Family ancestral coparcenary properties in the hands of Bachan Singh.

(3.) Bachan Singh had two sons namely Major Singh and Gurmail Singh who had acquired interest in the joint Hindu Family ancestral coparcenary property from their birth being coparceners. 13 Kanals and 17 Marlas of land as shown in the headnote No.1(b) was the joint Hindu family coparcenary property and stood in the name of Jangir Kaur wife of Bachan Singh as a mark of respect. Bachan Singh and his sons were joint in mess, residence and workshop.