MALKIAT SINGH Vs. KASHMIRI LAL

JUDGEMENT

(1.) This regular second appeal is filed by defendant-appellant in Civil Suit No. 591 of 28.10.1988 filed by Smt. Shello predecessor-in-title of the present respondents against the appellant and Tirath i.e. husband of Smt. Sheelo. For ready reference, it will be proper to reproduce the pedigree-table which is as under:- <TAB> Buta | --------------------------- | | Mangu Raghu-widow Chando ------------------------ ------------------------------------------ | | | | | Malkiat Singh Tirath Ram Parsini Chinti Vidya | Wife Sheelo</TAB>

(2.) Sheelo had filed a suit for separate possession by way of partition of one half share in the house in dispute. Sheelo claims to be the testamentary heir of Chando and has relied on the will made by Chando in her favour and contends that she is having half share as per the will. The suit was contested by the appellant-respondent No. l Tirath Ram, who is husband of Sheelo and seems to be not interested in contesting the suit. It is contended by the appellant-defendant No. 1 that Rango was never the co-owner of the house in dispute and he had separated during the life time of his father from his brother Mango and has started living separately in a separate house. -The will was also challenged. The trial Court dismissed the suit. Upon appeal filed by Shello, the suit was decreed by allowing the appeal. Hence defendant No. l has come in the second appeal challenging the order of learned District Judge, Hoshiarpur.

(3.) I have heard learned counsel for the parties.