MARY SINGH AND OTHERS Vs. PADAMJIT SINGH

JUDGEMENT

(1.) The present dispute between the siblings, Kanwar Sunder Singh plaintiff (since deceased) now being represented by his legal heirs Mrs. Mary Singh, Meera Rosh Sunder Singh and Nicholas Romeen Lampen Sunder Singh (present appellants) and his brother defendant Padamjit Singh (respondent before this Court), is over a house built over a plot measuring six kanals described in the head note of the plaint. The plaintiff had filed a suit for declaration to the effect that plaintiff is the owner of 3/4th share in this house and seeking a decree of permanent/ perpetual injunction restraining the defendant from dispossessing the plaintiff in any manner except in due course of law and also restraining the defendant from interfering into peaceful possession of the plaintiff in respect of the said house. The plaintiff having faced ignominy, firstly before the trial Court of learned Sub-Judge (Junior Division), Chandigarh whereby through judgment and decree, dated 22.09.2010, the house was equally divided between the plaintiff and the defendant in equal shares. Appeal preferred by the unsuccessful appellants too stood dismissed vide impugned judgment and decree dated 07.11.2013 by the Court of learned Additional District Judge, Chandigarh. Still aggrieved over these consecutive findings of the two courts below, the unsuccessful plaintiffs have knocked at the doors of this Court through the instant regular second appeal.

(2.) Heard Mr. Raman Mahajan, Advocate for the appellants; Mr. Charanjit Singh Bakhshi, Advocate representing the respondent and perused the records of the case.

(3.) From the arguments advanced by the two sides, it trickles down to the residue that the house in question was initially owned by one Sunder Singh who has since died and happened to be the father of the plaintiff as well as the defendant. It is the claim of the plaintiff that Sunder Singh executed a Will dated 09.09.1984 bequeathing the house in question to the plaintiff and his daughter Miss Veera Sunder Singh in equal shares and that their mother had earlier died on 25.03.1983 while Sunder Singh passed away on 01.05.1986. Thus, in short the claim of the plaintiff is that he along with his sister detailed above have inherited the house in question in equal shares and thus upon death of Ms.Veera Sunder Singh (also known as Priya Rajvansh) who had executed a Will dated 16.06.1994 of her estate in favour of the plaintiff and defendant in equal shares, the plaintiff became owner to the extent of 3/4th while the defendant became owner of 1/4th share of this house.