NANAK CHAND Vs. SOHNOO

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of District Judge Kangra at Dharamsala setting aside the judgment of the trial court and decreeing the suit.

(2.) Ghelu, Lala, Buta and Kapura were brothers. Lala died leaving behind his wife Smt. Raunku. They were joint owners of land which was left behind by Dulu, father of Ghelu and his brothers. Kapurai Buta and Smt. Raunku executed a sale deed (Ex -D4) on 7th December, 1894 in favour of Bir Singh, Jai Singh and Khushia sons of Sucheta. By this sale deed the vendors not only sold their 3/4th share of the land but also sold the l/4th share of Ghelu. It was mentioned in the sale deed that Ghelu had been given another land in lieu of his l/4th shire in the land in question in pursuant to family partition.

(3.) Ghelu had two sons Sohnoo and Sant Ram. Sant Ram died leaving behind Dhian Singh, Janaki Devi, Gian Devi and Satya Devi. Sohnoo along with Sant Ranis issues filed a suit against Nanak Chand, Khushia and Kashmir Singh asking for a declaration that the plaintiffs were owners co - sharers to the extent of l/4th share in the suit land. This suit land is the l/4th share of Ghelu, the predecessor in interest of the plaintiffs.