HARPREET SINGH Vs. GURBHEJ SINGH & ANR.

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for declaration and joint possession to the effect that plaintiff being coparcener in the ancestral land is the owner/co - sharer to the extent of the equal share in the suit land, has been dismissed.

(2.) IN brief, the suit of the appellant was that the suit land was inherited by respondent No.2 from his forefathers and was ancestral and Joint Hindu Family property of the plaintiff and the defendants in equal share. The plaintiff being the coparcener had a right in the suit property by birth. It is further case of the plaintiff/appellant that he was born out of the wedlock between respondent No.1(defendant No.1) and one Balwinder Kaur. A divorce took place on 22.06.1981. As such, Balwinder Kaur and defendant No.1 separated from each other. In that arrangement, it was also decided that the plaintiff would be looked after and brought up by defendant No.1. However, he did not comply with this condition, therefore, RSA No.1000 of 2007 2 he had to earn his livelihood by himself. At the time of the divorce he was a child and he was not aware of his rights. He has come to know about this on meeting his mother. He requested respondent/ defendant No.1 to admit his claim who refused to do so. Hence this suit.

(3.) IN his separate written statement the defendant No.2 raised various preliminary objections and stated that the suit land was his self acquired property and the same was not inherited by him from his ancestors. He also claimed that the suit property was purchased along with his brother Hazara Singh. Defendant No.2 also prayed for dismissal of the suit. In his replication to the written statement plaintiff controverted the preliminary objections raised by the defendants. While denying the other contents of the written statement plaintiff reiterated the correctness of the contents of his plaint.