PARDUMAN SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS appeal by the original defendants is against the judgment and decree by which the respondent -plaintiff was granted decree for partition of the land mentioned in the plaint. The rival contentions can be briefly summarized from the pleadings set -forth by the parties.

(2.) IN order to appreciate the controversy between the parties, the following geological pedigree -table will render help -

(3.) DEFENDANTS (present appellants) by their written statement opposed the suit. Besides the technical objections, such as, bar of limitation and locus standi to file the suit, on merits, they have contended that the document on which the plaintiff relies was not a family settlement, nor the deceased Amar Singh ever executed such a document in favour of the plaintiff. They further claimed that even if for arguments sake, it was held that such document, executed in 1924, did exist, the same was cancelled later on by Amar Singh, and the said Amar Singh during his life time executed a valid will on 22.9.1987 and duly registered it, and thus gave his property to defendant No. 1. As per that will the children born to defendant No. 3 were also entitled to get their due share, and other defendants were also therefore entitled to the share in the suit property. They denied that they illegally took possession of the suit property.