GURTEJ SINGH Vs. JAGAN NATH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal Nos. 1182 and 1183 of 1993 as both these appeals arise out of the same order dated 9.2.1993 passed by the District Judge, Faridkot, whereby he affirmed the judgment and decree of the trial Court.

(2.) FACTS are being taken from Regular Second Appeal No. 1183 of 1993. Plaintiff Jagan Nath filed a suit for declaration to the effect that he has got 1/4th share in the land measuring 30 Kanals 8 Marias as detailed in the head note of the plaint and also for rendition of accounts and decree for payment of the amount fund to have been received by defendants No. 1 to 5. A per case of the plaintiff, one Prabh Dayal s/o Deva Ram was owner of the suit land. He was succeeded by plaintiff, Amar Nath, Gurtej Singh and Tejwanti sons and daughter respectively. Tejwanti has also died and is now succeeded by defendants No. 6 to 9. Chet Kaur is the widow of Amar Nath.

(3.) DEFENDANTS No. 6 and 7 filed separate written statement stating therein that Prabh Dayal was owner of the land measuring 138 Kanals 8 Marias and on his death his property was inherited by Amar Nath, Gurtej Singh, Jagan Nath and Tejwanti. It was admitted that Tejwanti had expired and she is now succeeded by defendants No. 6 to 9. Similarly, Chet Kaur, defendant No. 10 filed separate written statement admitting the relationship of the parties. Smt. Chet Kaur also contested the decree in favour of defendants No. 2 to 5 to the extent that the some was beyond their shares.