ONKAR CHAND Vs. JAGTAMBA DEVI

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of the learned Additional District judge (1) Kangra at Dharamshala dated 17.10.2001.

(2.) The litigation, it appears, has a chequered history and had seen several rounds of litigation.

(3.) From the records, it appears that one Bhagwanti widow of Bholu Ram was the owner of the disputed property. She died in the year 1959. Plaintiff Onkar Chand and others set up a claim on the properties, on the basis of a will in their favour. This will was challenged by Sumer Chand, the predecessor -in -interest of the present defendants. The litigation ended in a compromise between the parties, whereby it was agreed between them that they shall be entitled to the suit property to the extent of half share each and they will also discharge the debts of Bhagwanti Devi in equal shares. Sumer Chand died in the year 1977. Plaintiffs had brought a suit against the defendant Sumer Chand in the year 1971 for declaration that defendant Sumer Chand was not entitled to seek partition of the suit property without payment of Rs. 1583 -75 to the plaintiff. In the alternative, plaintiffs claimed Rs. 1583 -75 from the defendants in respect of share of the defendants for the debts of Bhagwanti discharged by the plaintiff. Learned Senior sub judge, Kangra at Dharamshala, vide his judgment dated 23.11.78 held that the defendant Sumer Chand was liable to pay Rs.300/ - only and not Rs. 1583 -75, as claimed by the plaintiffs. Learned trial court further held that the suit for recovery of the amount was barred by limitation. However, he partly decreed the suit by holding that defendants were not entitled to get the suit land partitioned unless they pay Rs.300/ - to the plaintiff.