SHIBU Vs. PADU

JUDGEMENT

(1.) THIS is civil second appeal against the decree passed by the District Judge Jammu dated 5th June 65 whereby he has upheld the decree of the Sub -Registrar Munsiff Jammu dated 30 -7 -62.

(2.) SHIBU appellant instituted a suit for joint possession of l/6th share of land measuring 91 ks, and 15 ms. situate in villages Ranjan and Chaksingha Tehsil Jammu. He claimed proprietory rights out of this land in the above proportion from 27 ks. and 9 ms. and occupancy rights in the rest of the land. His case was that he was the son of Dibu whose brother and other sons were defendants in this case. According to him Dibu had five sons other than himself and he was one of his sons. The defendants denied the paternity of Dibu. On the pleadings of the parties a number of issues were framed by the trial court. The case was first decreed by the Sub -Registrar Munsiff but on appeal it was remanded and tried afresh. After a denovo trial the suit has been dismissed by both the courts.

(3.) IN the original plaint (para 2) the plaintiff claimed this property both on account of custom and personal law. Later on under orders of the court the plaintiff amended his plaint and in the amended plaint (para 2) he relied on custom and stated that under custom he was entitled to inherit the property of Dibu. I need not reproduce the facts of this case and the various matters in controversy between the parties in detail, because before me certain questions of law mostly were debated. All the issues in this case after remand were as under : -