KEHAR SINGH Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge, whereby the appeal of the defendants has been accepted, thereby dismissing the suit of the plaintiff.

(2.) THE plaintiff filed suit for possession of land to the extent of one half share of the land as per details given in the plaint, situate in village Bhanohar, Tehsil and Distt. Ludhiana on the basis of inheritance.

(3.) THE plaintiff further alleged that Bhajan Singh obtained a collusive decree from the court of Sh. G.C. Suman, Sub Judge, dated 19.9.1973 to the effect that Bhajan Singh had become the owner of the disputed property by way of private partition and family adjustment. The decree was challenged to be illegal, void ab initio and without jurisdiction. The plaintiff further claimed relief of possession as according to him the defendants had forcibly occupied the land after the death of Chanan Singh. Defendant No. 1 - Bhajan Singh denied the allegations made by the plaintiff. According to Bhajan Singh, Chanan Singh, deceased, left behind his adopted son Harchand Singh son of Pishora Singh, brother of defendants' wife. Defendants further alleged that decree dated 19.9.1973 passed by Sub Judge Ist Class, Ludhiana, was based on a family settlement and, therefore, it is binding. In any case, the plaintiff has nothing to do with the property in dispute and so the suit be dismissed with costs.