DURGA DASS Vs. OM PARKASH

JUDGEMENT

(1.) Appellant-Durga Dass filed a civil suit for declaration that he was entitled to 1/4th share in land measuring 43 kanals 17 marlas comprised in Khasra Nos. 266, 351, 479, 480, 496, 497, 507, 504 min.539 min. 586 min. 694, 745 min. 818 min. 976/526, 977/209, 980/594, 275 and 471 of Khewat No. 28 and about 13 kanals comprised in Khasra Nos. 523, 527, 30, 400, 693, 909, 910, 661 and 351 of Khewat No. 63 situated at Village Tarore Tehsil Samba; with consequential relief of Permanent Prohibitory Injunction restraining the respondents from withdrawing the compensation thereof from the revenue authorities. And for partition and separation of his share on the ground that Dina Nath, his father, had no right to devise, by Will, the coparcenary property in favour of his other brothers.

(2.) Disputing that the land in question was coparcenary property, the respondents contested the appellant's suit on the ground that having been adopted from his childhood by Kukkan, the real brother of Dina Nath, the appellant had no right, title or interest in the property inherited by Dina Nath and Kukkan, from their father Mathara Dass, which stood partitioned by them during their lifetime.

(3.) Besides the preliminary issues, the parties to the suit were put to the following issues-