BISHAN DAS Vs. MAYA DEVI AND OTHERS

JUDGEMENT

(1.) Defendant No.2 has filed this regular second appeal against the judgments of the Courts below whereby suit of the plaintiffs for possession by way of partition to the extent of 1/5th share of house measuring 31 feet x 68 feet situated in Ward No.11, Mansa has been decreed.

(2.) The case of the plaintiffs was that they were owners in possession of the house in question to the extent of 1/5th share and the defendants were owner in possession of the house to the extent of 4/5th share. The plaintiffs claimed to be the legal heirs of Hukum Chand son of Tahla Ram. It was pleaded that Hukum Chand and defendants No.1 to 4 were the five sons of Tahla Ram. The house was owned by Tahla Ram. Hence, after the death of Tahla Ram, Hukum Chand and defendants No.1 to 4 were owners in possession of the house in equal share. Hukum Chand died on 16.09.2003 without executing any Will. The plaintiffs being his only legal heirs were entitled to possession of 1/5th share in the house by way of partition. As the defendants refused to admit the claim of the plaintiffs, the filing of suit was necessitated.

(3.) The suit was contested only by defendant No.2. Defendants No.1, 3 and 4 did not appear and were proceeded against ex-parte. Defendant No.2 took the plea that he was the exclusive owner in possession of the house on the basis of allotment in his favour. Tahla Ram was never the owner of the house. It was pleaded that the plaintiffs have no concern with Hukum Chand as he was not married and had no issue. It was also pleaded that Hukum Singh used to reside with his brothers Puran Chand and Bishan Dass- defendants No.1 and 2 respectively, which was evident from his ration card, which was joint with them.