- (1.) This appeal is by the defendant filed against the judgment and decree of the Additional District Judge, Kurukshetra, dated Dec. 16, 1986, whereby suit filed by Ram Kishan Kaura and others was partly decreed as regards tabela. Decree for possession was passed. However, the suit was dismissed regarding the shop. The trial Court had, however, dismissed the entire suit.
(2.) Ram Kishan Kaura plaintiff had also filed R.S.A. No. 1418 of 1987 which was dismissed in limine by D. V. Sehgal, J. on April, 1987. It is stated that Special Leave Petition is pending in the Supreme Court against the said order.
(3.) For deciding the controversy arising in this appeal, only relevant facts are being noticed. The suit was brought by Ram Kishan Kaura, Harcharan Dass and his son Tejinder Kumar Kaura as members of the Hindu joint family known as M/s. Harcharan Dass and brothers. The relationship between the parties can only be appreciated from the following pedigree table. Shiv Dass had two sons; Amar Nath and Baij Nath. Ram Kishan, Harcharan Dass, Vidya Rani and Prem Sagar are the sons of Baij Nath. Amar Nath died in 1918 during the lifetime of Shiv Dass who died in 1935. Amar Nath left behind his widow Paramjot and a daughter Krishna Devi. There was no partition of the joint Hindu family property. It was in 1958 that some settlement was arrived at whereby Smt. Paramjot was allowed to recover rent of the shop and to stay in the tabela. Subsequently, in October, 1958 Smt. Paramjot gifted the shop and the tabela to her daughter Krishna Devi. Paramjot died on 6/05/1972. Smt. Krishna Devi sold the shop and the tabela to Sumer Chand on 21/06/1973.;