NARANJAN SINGH Vs. BACHITTAR SINGH

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgments and decrees passed by the learned courts below decreeing the suit filed by the plaintiff-respondents for possession of 101 kanals 9 marlas of land being one third share of 304 kanals 7 marlas situated in village Kauni Tehsil and District Faridkot.

(2.) THE plaintiffs claimed that they are sons of Bhagwan Kaur alias Bhagni alias Bhagan who was the daughter of Sobha Singh son of Gurdit Singh, landowner/proprietor of village Kauni. It was claimed by the plaintiffs that in the Jamabandi for the year 1951-52 of village Kauni, Sobha Singh was owner in possession to the extent of half share along with Sawan Singh and Sucha Singh who had other half share in 431 kanals 3 marlas of land. Sobha Singh is stated to have died on 5.11.1953 leaving behind his daughter Bhagwan Kaur alias Bhagni alias Bhagan as his sole heir to his estate. Share of Sobha Singh used to be cultivated by Sucha Singh and Sawan Singh on Batai and after the death of Sobha Singh tenants paid Batai to Bhagwan Kaur alias Bhagni alias Bhagan. On the death of Sawan Singh, his estate was inherited by his brother Sucha Singh. It was claimed that before consolidation share of Bhagwan Kaur was cultivated by Sucha Singhto the extent of half share, and Arjan Singh, Nazar Singh and Gujjar Singh remaining half share under her. It was further claimed that during consolidation both lines got the land separated. It was claimed that share of Sobha Singh during consolidation was allotted to Sucha Singh and remaining half share, out of share of Sucha Singh was allotted to Gujjar Singh, Arjan Singh and Nazar Singh and was amalgamated with original holding. It was further claimed that in spite of allotment Sucha Singh, Gujjar Singh and Arjan Singh and Nazar Singh continued paying Batai to Bhagwan Kaur alias Bhagni alias Bhagan. Sucha Singh is stated to have died on 2.11.1965 without any issue and the land devolved upon his sister Mst. Sama Kaur who also died on 15.11.1965 and therefore, defendants Dogar Singh and Niranjan Singh started cultivating the share of Bhagwan Kaur alias Bhagni alias Bhagan and even paid Batai to her till her death. After her death Batai was paid to the plaintiffs. Nazar Singh died on 29.6.1970 without leaving any issue while, Gujjar Singh died on 27.1.1972 without any issue. Accordingly, their share devolved upon Sama Kaur who has been paying Batai to the plaintiffs. It was further pleaded that Dogar Singh and Niranjan Singh were in possession of 244 kanals 9 marlas of land while Arjan Singh was in possession of 137 kanals 9 marlas of suit land. Land measuring 244 kanals 9 marlas was said to be in possession of Dogar Singh and Niranjan Singh. It was claimed that the plaintiffs were entitled to 110 kanals 9 marlas of land out of 137 kanals 9 marlas in possession of Arjan Singh. They also claimed 67 kanals 9 marlas of land as sole heirs of their mother Bhagwan Kaur alias Bhagni alias Bhagan. It was claimed that since the defendants refused to make payment of Batai to the plaintiffs after the death of Gujjar Singh, the plaintiffs approached the court for possession of the land on the basis of title.

(3.) IN the replication, averments made in the plaint were reiterated and on the pleadings of the parties the following issues were framed :-