NIRMAL SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) (Oral)

(2.) RE: Limitation Application For the reasons mentioned in the application, delay in re-filing of the appeal is condoned. RE: Appeal This regular second appeal has been filed by one of the defendants against whom a suit for joint possession on the ground that the plaintiffs as well as the defendants are co-owners in the suit property, has been decreed by both the courts. It has been brought on record and is not disputed that Lal Singh, son of Ishar Singh, was owner in possession of the suit land. After the death of Lal Singh, his widow Kartar Kaur also died. Their estate was accordingly inherited by three sons, namely, Gurdeep Singh, Harjit Singh and Daljit Singh, as well as four daughters, namely, Jeeto, Vidya Wanti, Gurmeet Kaur and Mohinder Kaur. Mohinder Kaur R.S.A. No.1436 of 2004 -: 2 :- was, accordingly, owner in possession of 1/7th share of the property in dispute. She was admittedly married to plaintiff No.1 (Mohinder Singh). It could not be disputed that the plaintiffs as well as the defendants No.1 to 3, namely, respondents No.1 to 7 are natural legal heirs of Mohinder Kaur, who has since expired. The property in dispute having been inherited by them through natural succession, continues to be a joint property and all of them have rightly been held co-owners thereof.