DARSHAN KAUR Vs. MAJOR SINGH

JUDGEMENT

(1.) This is plaintiff's regular second appeal.

(2.) Defendant No. 3 did not put in appearance despite service and so was proceeded against ex-parte. Defendants No. 1 and 2 appeared and filed written statement. They alleged that they are owners in possession of the house in dispute and that Mukhtiar Singh defendant No. 3 has no concern with the same and so he has no right to sell the house in dispute to the plaintiff. Defendants No. 1 and 2 further denied that Mukhtiar Singh was in possession of the house in dispute or he delivered the possession of the house in dispute to the plaintiff. On the pleadings of the parties, following issues were framed :-

(3.) Under issue No. 1, the trial Court on the basis of evidence has come to the conclusion that the plaintiff is owner to the extent of 1/2 share in the house in dispute. Issues No. 2 to 4 were decided against the defendants. Accordingly, the suit of the plaintiff for joint possession of 1/2 share in the house in dispute was decreed.