NAZAR SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal against the judgment and decree dtd. 30/4/2018 passed by the Court of learned Addl. District Judge, Bathinda, dismissing the appeal against the judgment and decree dtd. 15/7/2017, passed by the Court of learned Civil Judge (Senior Division), Bathinda vide which the suit for declaration and permanent injunction, filed by the plaintiff, was dismissed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) The plaintiff Nazar Singh filed a suit for declaration and permanent injunction. It was pleaded that being Hindus and governed by Hindu Law regarding matters of succession etc., the plaintiff, defendant Balwinder Singh and three sons of Niranjan Singh namely Major Singh, Palwinder Singh and Harjinder Singh were the members of a joint Hindu family. Niranjan Singh and defendant Balwinder Singh were the owners in possession of land measuring 19 kanals 19.5 marlas (fully described in the plaint), situated within the revenue limits of Village Tungwali, Tehsil and District Bathinda as per jamabandi for the year 2005-2006. It was claimed that the said suit land and the other lands were ancestral properties.