SANT KAUR @ SANTO Vs. TEJ KAUR

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed against the judgment and decree dated 24.1.1980 rendered by Mr. Sarup Chand Gupta, Additional District Judge, Faridkot, in Civil Appeal No. 106 of 1979, accepting the appeal against the judgment and decree dated 8.11.1978 passed by Mr. K.K. Kataria, PCS, Sub-Judge Ist Class, Moga, in Civil Suit No. 210 of 1976, whereby the suit of the plaintiffs had been decreed for possession of half share of the house in dispute towards the eastern side as shown in the site plan annexed to the plaint.

(2.) BRIEFLY , the facts, as pleaded before the learned Courts below, may be noticed. For the purpose of this appeal, the parties shall be referred to in their capacity in the trial Court.

(3.) DEFENDANT No. 1 in her written statement denied the case put forward by the plaintiffs. She further stated that Modan Singh had sold 2 and half Marlas of land out of Khasra No. 73/157 to defendant Nos. 2 and 3, about three years ago. It was defendant Nos. 2 and 3, who had built the house on the plot. It was her case that she was the only legal heir of Modan Singh, being the real sister. It was denied that plaintiff No. 1 had any relationship with deceased Modan Singh.