KARTARA Vs. KESAR SINGH

JUDGEMENT

(1.) Appellant-Plaintiff is in Regular Second Appeal against the judgment and decree of the Lower Appellate Court, whereby the judgment and decree of the trial Court dated 27.7.1989 granting declaration that the judgment and decree dated 26.7.1984 passed in Civil Suit No.169 of 26.5.1984 captioned as "Kesar Singh Gurmukh Singh Versus Kartara" being null & void, ineffective holding the appellant-plaintiff to be owner to the extent of 1/2 share in the land measuring 40 bighas 10 biswas as per the description given in the plaint and against defendants No.1 and 2 along with the decree of joint possession to the extent of 1/2 share of the said land, has been set-aside.

(2.) Before adverting to the arguments of the respective counsel representing the parties to the lis, it would be apt to give brief preface of the controversy involved.

(3.) One Kartara son of Ditta (since deceased) being represented through legal heirs, instituted the aforementioned suit against Kesar Singh, Gurmukh Singh both sons of Gurdev Singh, Gurdev Singh son of Sahabu, Kaku son of Ditta, Balbir Singh and Som Singh both sons of Sarwan Singh claimed the aforementioned relief, on the premise that, he along with defendants No.3 and 4 were joint owners of land bearing Khewat No.75 measuring 100 bighas 15 biswas fully described in the heading of the plaint. Plaintiff and defendant No.4 being real brothers had 7661/19904 share, while Gurdev Singh defendant No.3 had 12243/19904 shares.