GULZAR SINGH Vs. BALWINDER KAUR AND OTHERS

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 06.02.2018 passed by the Civil Judge (Jr. Divn.) Batala vide which the application under order 7 Rule 11 Code of Civil Procedure for rejection of plaint was dismissed.

(2.) Brief facts are that the plaintiff filed a suit for declaration to the effect that the plaintiff and defendants No.1 to 3 and 5 to 6 are owners in possession over the suit land on the basis of natural inheritance of the estate of deceased Sardar Pritam Singh. Thereafter, the original plaint was amended. In view of amended plaint, plaintiff claimed that she is co-sharer and owner in joint possession of the land fully detailed in schedule of properties. The land was inherited by Pritam Singh from his forefathers and the land was ancestral coparcenary joint Hindu family property of said Pritam Singh. The aforesaid recital is made in para No.1 of the amended plaint. In para no.5 of the amended plaint plaintiff claimed that after the death of Pritam Singh his estate was inherited by the plaintiff along with Khazan Singh (now deceased), defendant No.2, 3, 5 and 6 being sons and daughters of PritamSingh and Gian Kaur defendant No.1 being wife in equal share with each taking 1/7th share or 3/21st share each therein.

(3.) Plaintiff further pleaded that Gian Kaur defendant No.1 had 2/7th share. She died on 02.08.2012 during pendency of the suit. Her share was inherited by the plaintiff and defendants No.2 and 3 in equal shares with each 2/21st share each therein. Thereafter plaintiff and defendants No.2 and 3 became coowners in joint possession to the extent of 15/21st share each having 5/21st share therein. Defendants No.5 and 6 remained co-sharers in joint possession having remaining 6/21 st share with each having 3/21st share therein. In this manner plaintiff claimed herself to be co-sharer in joint possession having 5/21st share in the suit property inherited from his father Pritam Singh.