BHAJAN SINGH Vs. SANTOKH SINGH AND OTHERS

JUDGEMENT

(1.) Vide this common judgment, RSA No.702 of 1990 and RSA No.5506 of 2003 are being decided as both these appeals have arisen out of common cause of action. Since main issue is involved in RSA No.702 of 1990, therefore, facts are being culled out from the said appeal.

(2.) Brief facts are that the plaintiff-Santokh Singh son of Saun Singh son of Dharam Singh filed a suit for joint possession against his brother Bhajan Singh, sisters Gurdev Kaur and Jarnail Kaur respectively. The suit was in respect of agricultural land and a residential house situated at village Powat, Tehsil Samrala, District Ludhiana as described under headnote Nos.(i), (ii) and (iii) of the plaint.

(3.) Lal Singh was great grand-father of the parties. Dharam Singh son of Lal Singh was grand-father of the parties. Plaintiff alleged that disputed properties are joint Hindu family coparcenary properties. Dharam Singh was owner of some ancestral agricultural land in village Bomb, Tehsil Samrala, District Ludhiana and also in Pakistan i.e. Bijapur Chak No.473, Tehsil Samundri, District Lyallpur (Pakistan). After partition of the country, the agricultural land as shown in headnote Nos.(ii) and (iii) of the plaint was allotted to Dharam Singh in lieu of land left by him in Pakistan. Land shown in headnote No.(i) of the plaint is joint Hindu family coparcenary property of the plaintiff, defendant No.1 and their father-Saun Singh. Dharam Singh had four sons namely Saun Singh, Mangal Singh, Gurnam Siingh and Bhagwan Singh. Saun Singh died on 18.10.1985. Saun Singh had two sons i.e. plaintiff, defendant No.1 and two daughters namely Gurdev Kaur and Jarnail Kaur. After the death of Dharam Singh, property was equally inherited by Saun Singh, Mangal Singh, Gurnam Singh and Bhagwan Singh. Bhagwan Singh pre-deceased Dharam Singh, therefore, his th share was inherited by his sons Mewa Singh, Mal Singh and Bahadur Singh. Dharam Singh died in the year 195 Mutation No.3628 was sanctioned on 30.01.1953 in respect of land in village Powat. In the same way, all the sons of Dharam Singh inherited his estate in village Bomb.