MALKIT KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) The present appeal has been preferred by defendant No.1- appellant challenging the concurrent findings returned by the Trial Court vide judgment and decree dtd. 29/9/2017 and the First Appellate Court vide judgment and decree dtd. 20/12/2023.

(2.) Brief facts relevant to the present lis are that the plaintiff- respondent Nos.1 and 2 herein filed a suit for separate possession of 1/3rd share by way of partition by metes and bounds of land measuring 2 kanals comprised in Khasra No.48/1 marked as ABCD in the site plan as per the jamabandi for the year 2010-2011 situated in the revenue estate of village Dhariwal, Hadbast No.350, Tehsil and District Gurdaspur. It was averred in the plaint that the land measuring 2 kanals was originally owned by Sadhu Singh son of Harnam Singh and Dalip Singh son of Harnam Singh to the extent of 1/6th share each; Partap Singh son of Jhanda Singh and Daljit Singh son of Jhanda Singh to the extent of 1/3rd share each. Sadhu Singh died and after his death his estate devolved upon his sons Joginder Singh, Gurwinder Singh and Lakhwinder Singh to the extent of 1/18th share each. Similarly, Partap Singh son of Jhanda Singh also died and his estate devolved upon his sons Sohan Singh and Surjit Singh to the extent of 1/6th share each. Likewise, Daljit Singh son of Jhanda Singh also died and his estate devolved upon his sons Balwant Singh and Harbans Singh to the extent of 1/6th share each. It was the case set up by the plaintiff-respondent Nos.1 and 2 that thereafter Joginder Singh, Gurwinder Singh and Lakhwinder Singh sons of Sadhu Singh sold their 1/6th share out of the suit land in favour of the plaintiff-respondent No.1 vide a sale deed dtd. 12/12/2012 and Harbans Singh son of Daljit Singh son of Jhanda Singh sold his 1/6th share in favour of the plaintiff-respondent No.2 - Jaswinder Kaur - vide a sale deed dtd. 12/12/2012 and thus by virtue of above said sale deeds the plaintiff-respondent Nos.1 and 2 had become owners in possession to the extent of 1/3rd share in the suit land. It was further the case that Sohan Singh and Surjit Singh sons of Partap Singh had also executed a sale deed qua their 1/3rd share in favour of defendant No.2 - Ranjit Kaur (respondent No.3 herein) - vide a sale deed dtd. 12/12/2012 and as such she had also become co-sharer in the suit property to the extent of 1/3rd share. Likewise, Dalip Singh son of Harnam Singh sold 1/6th share to defendant No.1-appellant vide a sale deed dtd. 9/6/2011 and Balwant Singh son of Daljit Singh also sold 1/6th share in favour of defendant No.1-appellant vide a sale deed dtd. 3/12/2012 and thus defendant No.1-appellant also became co-sharer to the extent of 1/3rd share in the suit land. Mutations were also sanctioned. It was further the case in the plaint that the property was gair mumkin property and most of it was under construction and only one vacant plot shown by letters JKLM in the site plan was in actual physical possession which was situated between the houses of defendant Nos.1 and 2 from which they were not deriving any benefit. Hence the partition was sought.

(3.) Defendant No.1-appellant contested the suit whereas defense of defendant No.2 (respondent No.3 herein) was struck off.