CHET RAM Vs. DIWAN CHAND

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by plaintiff -appellant challenging the Judgment and decree passed on April 14, 1980 by District Judge, Mandi, allowing the appeal of defendant -respondent and thereby reversing the judgment of Senior Sub -Judge, Kullu, dated May 24, 1976.

(2.) The plaintiff filed a suit for grant of a decree for joint possession claiming 1/2 share in the suit property alongwith the defendant. The facts on which the suit was brought are like this. The suit property was owned and possessed by one Bhagat Ram, who died on June 14, 1954. He had two wives, namely, Smt. Lai Dassi alias Ghungri and Smt. Jaie. Diwan Chand is the son of Bhagat Ram from his first wife, Smt Ghungri and plaintiff from the second wife, Smt. Jaie. Since at the time of death of Bhagat Ram, plaintiff was 1 year and 9 months old, therefore, taking undue advantage of his minority, the defendant in connivance with his mother, Smt. Jaie, who had already remarried, and the Lambardar of the Illaqua got mutation of inheritance attested in his name on July 16, 1954 as the sole surviving heir of deceased Bhagat Ram. Claiming himself to be one of the heir of Bhagat Ram alongwith the defendant, the plaintiff claimed a decree for joint possession to the extent of 1/2 share as the defendants had failed to accede to his claim when a demand was made by him on attaining majority.

(3.) The suit was resisted by defendant on the ground that Bhagat Ram had already divorced Smt. Jaie during his life time and even prior to that she bad already started living at the house of one Thakur Singh and Bhagat Ram had no access to her when plaintiff was conceived or born, thus the right of the plaintiff to inherit the estate of Bhagat Ram to the extent of 1/2 share was specifically denied. The trial court decreed the suit of the plaintiff holding him to be the son of Bhagat Ram out of his second wife Smt. Jaie. In appeal the lower appellate court set aside the judgment and decree of the trial court and dismissed the suit of the plaintiff.