RANJIT KAUR Vs. SHADI SINGH

JUDGEMENT

(1.) One Shadi Singh filed suit for separate possession of 1/3rd share of Shop No. B-IV-96 by way of partition, on the allegations, that this shop was purchased by him and his brothers Bhagwan Singh alias Bhan Singh and decreased Inder Singh on 21.5.1958 for Rs. 2,500/- from one Harnam Singh son of Natha Singh. It was alleged that the property was still joint liable to be partitioned.

(2.) Bhagwan Singh alias Bhan Singh and Balbir Kaur daughter of Inder Singh admitted the claim of Shadi Singh.

(3.) Ranjit Kaur etc. widow and children of Gurnam Singh son of Inder Singh contested the suit urging that this shop had never been purchased by Shadi Singh, Bhagwan Singh alias Bhan Singh and Inder Singh. Inder Singh alone was the exclusive owner of the shop. His widow Sada Kaur deceased had executed a Will in favour of her grandson Paramjit Singh son of Gurnam Singh. Balbir Kaur daughter of Inder Singh voluntarily relinquished her rights in the shop. Ranjit Kaur etc. widow and children of Gurnam Singh became the owners of the shop having stepped into the shoes of Inder Singh and his widow Sada Kaur and daughter Balbir Kaur. It was also urged that Ranjit Kaur etc. widow and children of Gurnam Singh son of Inder Singh had become owners by adverse possession assuming that in the shop, Shadi Singh and Bhagwan Singh alias Bhan Singh had 1/3rd share each.