LAKHBIR SINGH Vs. DARSHAN SINGH AND ORS.

JUDGEMENT

(1.) THE plaintiff/appellant has invoked the jurisdiction of this Court under Section 100 of the Code of Civil Procedure to challenge the judgment and decree dated 25.8.1989, passed by the learned lower appellate court, dismissing the suit filed by the plaintiff/appellant.

(2.) THE plaintiff brought a suit for joint possession on the pleadings that the plaintiff/appellant being son of Darshan Singh, defendant No. 1 constituted a joint Hindu family along with defendant Nos. 1 to 9. Previously, Sohan Singh father of defendant Nos. 5 to 8 and 10, and husband of defendant No. 9, and Hukam Singh son of Rur Singh, were also the members of the joint Hindu family till their death. Sohan Singh died about 1 years before filing of the suit, whereas Hukam Singh died issueless and widowless in or about the year 1975 -76. The plaintiff claimed that the suit land was inherited by defendant No. 1 to 4, Sohan Singh and Hukam Singh deceased from their father and as such it was their coparcenary property in which the plaintiff claimed interest by virtue of birth in the family.

(3.) THE plaintiff further asserted that no partition deed was executed regarding the partition, despite the fact that the suit land was worth thousands of rupees. Mutation was also said to have been got sanctioned on the basis of fake partition, which was said to be in connivance with the revenue authorities. It was claimed that the partition was certainly to the dis -advantage of the plaintiff/appellant. The plaintiff/appellant claimed that partition was not binding on the plaintiff, and was in -operative qua his co -parcenary interest in the suit land.