RAM SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) The unsuccessful defendant is in appeal to assail the consistent findings recorded by the Courts below whereby suit filed by Baldev Singh and others (contesting respondents) claiming themselves to be joint owners in equal share of land measuring 23 kanals 4 marlas being 4/15 share out of total land measuring 87 kanals 1 marla detailed in para 1 of judgment of the learned trial Court was decreed and the findings recorded by the trial Court were affirmed in appeal preferred by the defendants including appellant-Ram Singh. The present litigation pertains to land left behind by Smt. Jasmero alias Ajmero Devi daughter of Sh. Sardha Ram and mother of plaintiffs-Baldev Singh and others. Sh. Sardha Ram left behind land measuring 87 kanals 1 marla, inherited by his class I heirs including Smt. Jasmero alias Ajmero Devi to the extent of 23 kanals 4 marlas out of total land measuring 87 kanals 1 marla. On the death of Sh. Sardha Ram, Smt. Jasmero alias Ajmero Devi became co-owner in joint possession of total land measuring 87 kanals 1 marla with her brothers Ram Singh and Shiv Ram (defendants in the suit). Smt. Jasmero alias Ajmero Devi passed away on 02.04.1980. Mutation in regard to inheritance of Smt. Jasmero alias Ajmero Devi on the basis of Will dated 26.12.1979 bearing No. 295 was sanctioned in favour of Ram Singh-defendant No. 1 in the year 1994. Though in the suit, there was also dispute qua decree dated 26.03.1994 passed in case titled Shiv Ram etc. v. Sarupi on the basis whereof mutation No. 296 was sanctioned but in the present appeal, the dispute is only qua inheritance to the land left behind by Smt. Jasmero alias Ajmero Devi.

(2.) Counsel for the parties have fairly conceded that there is no dispute that Baldev Singh and others (plaintiffs in the suit) are the class I heirs of Smt. Jasmero alias Ajmero Devi. It is also an admitted fact that Ram Singh, represented by his legal representatives, is the brother of Smt. Jasmero alias Ajmero Devi and the maternal uncle of Baldev Singh and others. Mutation No. 295 in respect of land left behind by Smt. Jasmero Devi was sanctioned in favour of Ram Singh on the basis of Will dated 26.12.1979 alleged to be executed by Smt. Jasmero alias Ajmero Devi. It is also not disputed that the said Will has not seen the light of day in the present litigation much less having been proved in accordance with law in order to negate plea of the plaintiffs that they have become co-owners of the suit land on the basis of natural succession.

(3.) The sole submission made by counsel for the appellant is that the suit instituted by the plaintiffs/respondents is clearly barred by limitation as they have failed to challenge mutation No. 295 dated 21.05.1994 within a period of 3 years from the date of sanction. To substantiate the contention, it has been argued with vehemence that plea raised by the respondents/plaintiffs in the suit that they were in possession of the suit land and were dispossessed about 6 months prior to institution of the suit has no legs to stand as there is no material on record to substantiate their plea in this regard. It is further argued that as the respondents have failed to adduce any evidence much less tangible to prove that they were in possession of the suit land at any time much less 6 months prior to institution of the suit, the Courts below have committed a grave error rather illegality in deciding the issue of limitation in favour of the respondents and against the appellant. In support of his contention, he has relied upon judgments of this Court Sewti Devi v. Kanti Parshad, 1973 AIR(P&H) 126 and Ibrahim alias Dharam Vir v. Sharifan alias Shanti, 1980 AIR(P&H) 25 .