VIRSA SINGH Vs. NARINDER SINGH AND OTHERS

JUDGEMENT

(1.) Cm-13124-C-2013

(2.) The challenge in the present second appeal is to the judgments and decrees dated 28.10.2010 and 19.01.2013, passed by the Courts below, whereby, the suit of the plaintiff-appellant for declaration with consequential relief of permanent injunction and in the alternate, for joint possession of the property in dispute, was dismissed.

(3.) It is the case of the plaintiff-appellant that plaintiff and defendant No.1 are real brothers, whereas, defendant Nos.2 and 3 are real sisters and defendant Nos.4 to 6 are the sons of their deceased sister, Kanwaljit Kaur. One Mangal Singh, the predecessor-in-interest of both the parties was joint owner in possession of land measuring 192 kanals 02 marlas along with plaintiff and defendant No.1. The property in dispute was ancestral and joint family property. Said Mangal Singh died on October 1, 2001 and defendant Nos.2 and 3 and Kanwaljit Kaur (deceased sister) were already married 35/40 years back. It is further averred that there was a family settlement between the parties in the year 1980-82, according to which the plaintiff became co-owner to the extent of 1/3rd share. In the year 1997, the share of Mangal Singh was given on lease to the plaintiff at the rate of Rs.3,500/- per killa and the remaining land was given to defendant No.1. During his lifetime, Mangal Singh executed a valid Will dated September 29, 2001, in his sound disposing mind according to which, 2/3rd share out of the entire estate came to the share of the plaintiff, meaning thereby, that the plaintiff became owner to the extent of 128 kanals 14 marlas out of the total land.