MUKHTIAR SINGH Vs. KAILASH CHAND AND ANR.

JUDGEMENT

(1.) THE present regular second appeal has been preferred by Mukhtiar Singh who is said to have died during the pendency of the appeal. Counsel for the parties have stated that Mukhtiar Singh appellant no. 1 who has died during the pendency of the appeal, was married to Smt. Gomti Devi. Out of the loins of Mukhtiar Singh and womb of Gomti Devi, three sons, namely, Siri Kishan, Kailash Chander and Parminder and two daughters Bimla Devi and Ram Dulari were born. Kailash Chander plaintiff has set up a suit that Mukhtiar Singh had succeeded to 2 Bigha and 7 biswas from his father Mansha Ram and Mukhtiar Singh out of the joint funds accrued from land had purchased land measuring 7 Baghas 9 Biswas, therefore, it was stated that entire property vested in Hindu Undivided Family and, therefore, he is entitled to declaration that 1/4 share of Hindu Undivided family vest in him. On 18.2.1997, the trial Court passed the following order:

(2.) ON the basis of the pleadings of the parties, following issues are framed.

(3.) WHETHER defendant No. 1 was exclusive owner in possession of the suit property for the last 17 -18 years, defendant No. 2 & 3 have become its owner in possession by way of family settlement? OPD