RACHHPAL SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This is appeal against the concurrent judgments of the Courts below whereby suit filed by Baldev Singh, respondent-plaintiff for exclusive possession of 1/3rd share by way of partition of the house in khasra No.346 (12 marlas) situated in revenue estate of village Premgarh (now Hari Nagar), Hoshiarpur and electric motor fitted on the hand-pump, was decreed.

(2.) The case of plaintiff, in brief, is that he along with his brother Ran Singh and Hakam Singh are owners in possession of the suit property along with tractor bearing registration No.PBH-7821. Property bearing No.346 was purchased in the name of plaintiff and his brothers in equal shares. Thereafter, the house was constructed in the year 1986-87. Plaintiff spent a sum of Rs.33,000.00 over the construction and is in possession of Miani shown as 'Y' on the middle floor and room marked as 'X' along with kitchen, verandah, stairs, latrine, bathroom and common yard. As the relations of the parties are not cordial, he sought separation of his share by way of partition.

(3.) Ran Singh (since deceased) contested the claim of the plaintiff with the plea that plaintiff has no share in the tractor, electric motor or the house in question. Suit property was a plot and had fallen to the share of Ran Singh in family settlement in the year 1995 and thereafter, he spent about Rs.2.00 lakhs on the construction of the house over it. He alleged his exclusive possession over the disputed house. It was alleged that the property situated in village Bahera, which fell in share of Barinder, Narinder and Sikander sons of Hakam Singh was newly constructed house and another house situated at village Bahera, came to the share of Ran Singh and his sons. As the house which fell to the share of plaintiff was a new one, property No.289 of Bahera was given to Sardeep Singh, defendant No.1(iv), who installed 'Atta Chakki' there. Bajaj Chetak Scooter bearing registration No.PB-07-0231 and tractor Escort bearing registration No.PAO-1060 were given to the plaintiff along with one Thresher and a water pump engine of 6.5 HP. Another tractor bearing registration No.PBH-7821 model 1985 was given to defendant No.2 and the land of Mohalla Premgarh was given to defendant No.1. Defendants No.2 to 6 also contested the suit of the plaintiff and his 1/3rd share in the suit property.