BHAGWAN SINGH Vs. UJAGAR SINGH

JUDGEMENT

(1.) This is an appeal by the legal representatives of Bishen Singh, who was the defendant No. 1 in the suit, against the judgment and decree of the High Court of Judicature at Lahore, dated July 22, 1923. The High Court's judgment reversed the judgment and decree of the learned Subordinate Judge, who tried the suit.

(2.) The suit was brought in July, 1917, by the plaintiff, Ujagai Singh, against Bishen Singh and two other defendants, viz., Abdul Eahman Khan, sometimes called Balwant Singh, and Jas-want Singh, sons of Gurbaksh Singh, to recover possession of the land mentioned in the plaint, situate in the Gujranwala district, which was alleged by the plaintiff to have been part of the ancestral property of Hira Singh, the grandfather of the plaintiff.

(3.) The plaintiff alleged that the defendants Nos. 2 and 3 had a half-share in the said property, but that, by reason of a private partition, they had taken other lands in exchange for their share in the suit land, that consequently they had no further interest therein, and that they have recognised the claim of the plaintiff to the lands in suit, which had been held by Mussamat Malan.