MANGJIT SINGH Vs. DIDAR SINGH

JUDGEMENT

(1.) RESPONDENT No.1, by claiming himself a co-parcener, filed suit for declaration to the effect that he be declared as joint owner in possession of the property, in dispute, to the extent of 7/18th share, in the property, description of which was given in his plaint. In the written statement, coparcenery nature of the property, was admitted by the appellants. Subsequent thereto, they tried to wriggle out of the said admission and moved application for amendment, which was dismissed and that order has become final. Suit was decreed. Appellants failed in appeal. Hence, this Regular Second Appeal.

(2.) BOTH the Courts below have found it as a matter of fact that the property, in dispute, was co-parcenery in nature, as such, father of the appellants was having no authority to will away share of the respondentplaintiff in the property, in dispute. No case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments. Dismissed.