JARANT SINGH Vs. SUKHJINDER SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed against the judgment and decree dated 2.4.1984 passed by the learned Additional District Judge, Amritsar, vide which decree for joint possession in favour of the plaintiff-passed by the learned trial Court was ordered to be set aside and the suit filed by the plaintiff was ordered to be dismissed.

(2.) PLAINTIFF -Jarant Singh filed a suit for joint possession of 1/5th share out of half share of agricultural land measuring 407 kanals 13 marlas fully described in the heading of the plaint, situated in the area of village Takhtuchak. Defendant Nos. 3 and 6, who were minors, have been sued through their next friends and legal guardians-Harbans Singh, defendant No. 1 and Pargat Singh, defendant No. 4 respectively. The plaintiff claimed that Sohan Singh son of Bhagat Singh was owner of half share of agricultural land measuring 407 kanals 13 marlas fully described in the heading of the plaint and the said Sohan Singh along with his wife Gurdeep Kaur was murdered on 2.8.1980 regarding which criminal case was registered against Puran Singh, defendant No. 11 and his sons. The said Sohan Singh had no issue and as per the pedigreetable given in the plaint, plaintiff-Jarant Singh is the son of Assa Singh, brother of Sohan Singh. It was further claimed that Assa Singh was real brother and Indo and Jeo were real sisters of the said Sohan Singh and that the said Asa Singh, Indo and Jeo were all dead when the suit was filed. Plaintiff and defendant Nos. 7 and 8 were sons and daughter of the said Assa Singh. Ajaib Singh was stated to be another son of Assa Singh, who pre- deceased him. Smt. Aas Kaur, defendant No. 9 is daughter of Jeo and defendant No. 10 Dhanti was the daughter of Puran Singh, defendant No. 11, who was son of the said Smt. Indo. It was claimed that the plaintiff and defendant Nos. 7 to 11 are the nearest heirs of the deceased Sohan Singh.

(3.) THE suit was contested by defendant Nos. 1 to 7, 9 and 11, who denied the averments made in the plaint. Defendant Nos. 1 to 7 denied any relationship of the plaintiff with Assa Singh or the said Sohan Singh, and also denied the relationship of Indo or Jeo with the said Sohan Singh. It was claimed that the deceased Sohan Singh through his last and valid Will dated 2.7.1980 bequeathed his half share in agricultural land measuring 407 kanals 13 marlas in their favour and thus they became its exclusive owners on the basis of the said Will. It was further claimed that the plaintiff or anybody else has no concern or connection with the same. Defendant No. 9 Aas Kaur though supported the averments made in the plaint, but she denied that plaintiff was entitled to 1/5th share in the suit land and it was claimed that the estate of Sohan Singh was to be inherited equally i.e. 1/3rd share each by the heirs of Jeo, Indo and Assa Singh. She claimed to be entitled to 1/3rd share in the property being the only daughter of Jeo. She also asserted that the plaintiff was entitled to 1/9th share only in the disputed property.