LAWS(P&H)-2007-9-170

BHAG SINGH Vs. GURMAIL KUMAR

Decided On September 07, 2007
BHAG SINGH Appellant
V/S
Gurmail Kumar Respondents

JUDGEMENT

(1.) Present regular second appeal has been filed against the judgments and decrees passed by the learned Courts below vide which the suit filed by the plaintiff-respondents for declaration was partly decreed to the effect that the plaintiff is declared co-owner in joint possession to the extent of ⅓rd share in the property comprised in khewat Khatauni No. 353/455, khasra No. 348(0-5); (co-owner in joint possession to the extent of 1/2 share in the property bounded as East : House of Partap Singh, West: Gali North; House of Sadhu Singh and South : House of Bhag Singh etc. which was purchased by the plaintiff and defendant No. 1 in equal shares vide sale deed dated 7.1.1990 from Rattan Singh, to be the owner to the extent of ⅛ share in the properly comprised in khewat khatauni No. 350/390, khasra No. 226(0-12), and being a co-owner in the suit property, he is also entitled to recover possession of two shops described with letters ABCD in the site Ex. P.1 bounded as East : Vacant site of Ram Asra son of Bhagwana, East : Pucca Road. North : Gali and South : House of Gurdev Singh, all situated at village Bhairo Majra.

(2.) Appeal filed against the said judgment and decree was dismissed by the learned lower appellate Court.

(3.) The defendant-appellant has challenged the judgments and decrees passed by the learned Courts below on the ground that there was a family settlement between the parties about 20 years back and therefore, the suit was not competent. Concurrent findings of facts have been recorded by the learned Courts below to the effect that the plea of family settlement was totally vague and therefore, could not be believed and therefore, rejected the said plea of the defendant.