SHRICHAND Vs. INDER SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant against whom the respondent's suit for division of holding was decreed by the trial court, the Divisional Commissioner, Bikaner confirming the same in the first appeal.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. Index Singh brought a suit against Shrichand and others with the allegation that the plaintiff's grand father Prem Singh cultivated some land as Nau-taur prior to Svt. 1966 in the capacity of a Karta-khandan, that Prem Singh had four sons Lal Singh, Ran Singh, Karam Singh and Shrichand; that Prem Singh had considerable agricultural land in Punjab as well, that he was unable to lookafter his land personally and hence his eldest son Lal Singh was managing them on his behalf, that in Svt. 1966 when Settlement operations were carried out in the area, Shrichand, Lal Singh and Karam Singh entered into a conspiracy with the officials of the Settlement Department and arranged to have a mutation entered in their favour in place of Prem Singh on 13. 7. 1909 A. D. that all these proceedings were carried out fraudulently, that Prem Singh died about 13 years ago, that the plaintiff's father Ram Singh used to receive his 1/4 share of the produce from the defendants, that after his demise the defendants refused to give 1/4 share to the plaintiff and stated that as his name was not entered in the revenue record, he has no share in it. It was prayed that a devision of the holding be effected and 1/4 share be allowed to the plaintiff. Lal Singh having died, his sons Hajur Singh and Sandra Singh denied the claim and pleaded that Prem Singh had in his own lifetime got the land mutated in the name of his three sons Shrichand, Karam Singh and Lal Singh; that there was no fraud and that no share of the produce was ever paid to the grand father or the father of the plaintiff.