GUN PARKASH Vs. BHOLA NATH

JUDGEMENT

(1.) Parties in this appeal are being referred to as 'defendants' and 'plaintiff'. The plaintiff filed a suit for declaration and injunction as a consequential relief against the defendants. In order to properly appreciate the background of this case, it is necessary to draw the pedegree table which is to the following effect :-

(2.) This appeal is filed by the defendants against the decree passed by the lower appeallate Court. Facts regarding which the parties are not at variance are that Kanha and Jai Dev were real brothers and were the sons of Dhari. So far Jai Dev is concerned, he had no issue and was survived by his widow Smt. Shyama. On the other hand, Kanha had only one son, named, Yadupati and Bhola Nath plaintiff is the son of Yadupati. In the present case, the estate of Smt. Shyama is the subjectmatter of dispute. Parties are further not at variance regarding the fact that Kanha and Jai Dev had effected partition of their joint holdings during their lifetime and thus, the jointness of status was severed during their life-time. As a consequence of such partition, Smt. Shyama became absolute owner of the property after the death of Jai Dev. In this view of the matter, learned counsel for the respondent has very fairly stated at the Bar that so far the plea regarding the property being joint Hindu family coparcenery property is concerned, that does not survive and accordingly it is given up.

(3.) As per averments made in the amended plaint, the suit property is land measuring 1562.66 sq. metres and 514.23 sq. metres situated in Thanehra Mohalla, Mandi town, Himachal Pradesh as per jamabandi for the year 1979-80 as detailed in the plaint and it belonged to one Shri Dhari who had two sons, namely, Kanha and Jai Dev.