NAURANG SINGH Vs. BABU SINGH

JUDGEMENT

(1.) The present regular second appeal is directed against the concurrent findings of fact, whereby the suit of the plaintiffs for possession, after partition of half share of joint housevacant land as ABCD, BCEFGHIJ and FBL (houses), situated in Village Rampur Tehsil Kharar, has been decreed by the trial Court and affirmed in appeal.

(2.) The plaintiffs sought the aforementioned relief by alleging that Dewan Singh was their common ancestor of Thaman Singh son of Suba Singh son of Karam Singh son of Khazana Singh. Out of four sons of Dewan Singh, two sons i.e. Musada Singh and Sudagar Singh died issueless and unmarried and the estate of Dewan Singh devolved upon their other two brothers Khazan Singh and Pardhan Singh in equal shares. The estate of Khazan Singh ultimately devolved upon Thaman Singh, whereas of Pardhan Singh upon the defendants. Vide sale deed dtd. 27/5/1957, Thaman Singh sold his entire land situated in Village Rampur to Nagina Singh, Basta Singh son of Ran Singh, 1/2 share Bachan Singh, Babu Singh sons of Dalip Singh, 14th share Kartar Singh and Ganda Singh 14th share along with share in shamlat and abadi deh along with his one abadi plot, thus, the plaintiffs stepped into the shoes of Thaman Singh and were in joint possession of the suit properties. The defendants had earlier filed a suit for partition inter se, but as soon as the plaintiffs were made a party, the same was withdrawn.

(3.) The defendants opposed the suit and denied the pedigree table and the land was held joint. It was alleged that the land was already partitioned. The estate of Pardhan Singh devolved upon Attar Singh and Ram Dial, predecessors-in-interest of the defendants. Thaman Singh sold some land to one Khola through sale deed to Nagina Singh and others, but the land, in dispute, was never sold by Thaman Singh to the plaintiffs.