JANKI SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) The dispute in this case between the co-sharers with regard to certain ancestral lands of the parties, the details of which have been given in para 4 of the writ petition.

(2.) The common ancestor of the parties was Gokul Singh. He has four sons, namely, Nathu Singh, Chatu Singh, Mithu Singh and Daroga Singh (died issueless).

(3.) The petitioners are descendant of Mithu Singh. The respondents are descendants of Chatu Singh. According to the petitioners, the revisional survey land of joint family should have been recorded half and half of the parties as the branches of Nathu Singh and Daroga Singh had become extinct. The revisional parcha showed 1/3rd share to Faujdar and Jamadar 1/3rd share to Bhagwan and Laxmi and the rest 1/3rd to Jagdo Singh. It so happened because Nathu Singh's wife Most. Bhagwatia had gifted 1/3rd share in the ancestral property of Bhagwan and Laxmi although according to the petitioners Most. Bhagwatia was not legally competent to do so since after the death of Nathu Singh the property devolved upon his coparcener. This is the whole controversy in the present case that whether the deed of gift executed in favour of Bhagwan and Laxmi was void and inoperative.