BALDEV SINGH Vs. DHANVIR SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two Regular Second Appeals bearing Nos.830 and 1159 of 1993 at the instance of defendants arising out of decision of common civil suit bearing No.1034-T-1984 dtd. 21/12/1982.

(2.) The facts which emanate from the pleadings of the parties are that plaintiff sought the declaration that shamlat land measuring 397 bighas 10 biswas being 'hasab rasad' as described in the head note of the plaint situated in village Gazipur, Tehsil Rajpura, was in joint of khewatdars/proprietors and thus, partible according to the extent of khewat held by each khewatdar and for separate possession being not assessed to land revenue.

(3.) Mehma Singh, grandfather of the plaintiff and defendant no.60 was stated to be the original settler and biggest khewatdar of aforementioned village. On his demise, the entire estate of the village was mutated in equal shares in favour of his five sons namely, (i) Dr. Arjan Singh, (ii) Surjan Singh (iii) Gurcharan Singh, (iv) Harcharan Singh and (v) Dr. Hazara Singh. The plaintiff being son of Dr. Arjan Singh alongwith defendant no.60 claimed to have inherited the entire estate of his father after his death on 14/3/1978 by virtue of registered Will dtd. 14/5/1971. The mutation no.263, as per the terms of the Will with regard to inheritance was stated to be sanctioned on 19/10/1979. It was averred that entire shamlat land did not vest with the Gram Panchayat being 'hasab hissa rasad khewat', therefore, all the khewatdar of the village were co-owners to the extent of khewat held individually by them and plaintiff was also joint owner in possession of the suit land being khewatdar.