GURCHARAN RAM Vs. TEJWANT SINGH

JUDGEMENT

(1.) THIS is a plaintiff's Regular Second Appeal against the judgments and decree passed by both the courts below, whereby his suit for declaration was dismissed, whereas while finding him to be in possession of the suit property, a decree for permanent injunction was passed in his favour.

(2.) IN the present appeal, the dispute is about 16 Bighas 4 Biswas of agricultural land and two kacha houses situated in village Balian. The said property along with one pacca house (a Kothi) situated in Sangrur city (erstwhile Capital of Jind State) was owned by one Parshotam Dass. He was having three sons, namely Gurcharan Ram (plaintiff), Tejwant Singh and Tek Chand (defendants). Plaintiff Gurcharan Ram was illiterate and was residing in village Balian whereas his other two brothers were literate and were in Government service. During his life time, in the year 1954, Parshotam Dass partitioned his property among his three sons in a family settlement. The agricultural land and the kacha house situated in the village were given to the plaintiff and the pacca house situated in Sangrur was given to defendants Nos. 1 and 2. The said family settlement was subsequently got written on 27.7.1954, which was duly thumb marked and signed by Parshotam Dass and his three sons and was attested by the witnesses. Three copies of the family settlement were prepared and handed over to all the three brothers, which were duly signed by all the parties. According to the family settlement, all the three sons took possession of their respective share of the property, which fell to their share. Thereafter, on 4.12.1960, Parshotam Dass expired. After his death, mutation of inheritance with regard to the agricultural land measuring 16 Bighas 4 Biswas situated in village Balian was sanctioned in favour of all the three brothers. The pacca house situated in city Sangrur throughout remained in possession of the defendants, the two brothers, in equal shares, which they got in the family settlement and they raised further construction in their respective portion, after obtaining permission. Plaintiff Gurcharan Ram never claimed any share in the house situated in Sangrur. Similarly, Tek Chand (defendant No. 2), one of the brothers, did not stake any claim in the agricultural land and the kacha house situated in the village. However, in the year 1980, when defendant No. 2 by taking advantage of the entries in the revenue record started claiming a share in the agricultural land and tried to oust the plaintiff from the same, he filed the present suit for declaration and permanent injunction, claiming himself to be owner in possession of the suit land under the aforesaid family settlement dated 27.7.1954, Ex.PA and Ex.PC.

(3.) ON the pleadings of the parties, the following issues were framed :