K.C. Gupta, J. - (1.) THIS Regular Second Appeal is directed by the Plaintiff, Mohan Lal, against the judgment and decree passed by Additional District Judge, Ferozepur, whereby appeal filed against the judgment and decree dated 23.8.1978 passed by Sub Judge 1st Class, Ferozepur, was dismissed and it was maintained that the Plaintiff (Appellant) was co -sharer in the disputed property to the extent of one half share and as such, was entitled to his share in the disputed property as shown in the site plan Ex. P7.
(2.) BRIEFLY stated, the facts are that Smt. Ram Devi was the owner of House No. 359 situated in Kucha Barkat Ram Ferozepur City. Smt. Ram Devi had a daughter who was married with one Thakat Singh and had two sons, namely, Gurbux Singh and Pritam Singh. Therefore, Gurbux Singh and Pritam Singh were daughter's sons of Smt. Ram Devi. Pritam Singh was married to Smt. Dharam Kaur. However, Pritam Singh died after about a year of his marriage with Dharam Kaur. Gurbux Singh had two sons, namely, Abinash Singh and Amarjit Singh. It was alleged that Smt. Ram Devi had made an oral gift of the house in dispute in favour of her daughters' son, namely, Gurbux Singh and the latter became the owner of the same on the basis of that gift. Thereafter, Gurbax Singh submitted a site plan to the Municipal Committee, Ferozepur, for construction of the house and obtained the sanction of the Municipal Committee in the year 1949 and constructed this house on the disputed property. After the death of Gurbux Singh, his sons, namely, Abnash Singh and Amarjit Singh, who inherited his estate, sold the disputed house in favour of Mohan Lal, Appellant vide registered sale deed dated 25.8.1974. It is also alleged that Smt. Dharam Kaur, Respondent No. 1 (Defendant No. 1) and Harbhajan Singh, Respondent No. 2 (Defendant No. 2) were the tenants in the aforesaid house and the Appellant, after the purchase of the disputed house, had instituted ejectment proceedings against Respondent Nos. 1 and 2 under the provisions of East Punjab Urban Rent Restriction Act, 1949 but the Respondents denied themselves to be tenants in the disputed house and those ejectment proceedings were ultimately dismissed by the Rent Controller.
(3.) SMT . Dharam Kaur, widow of Pritam Singh, had executed a trust deed dated 19.12.1975 for the construction of a Sarai in the disputed house and delivered possession of the same to the trustees. According to the Trust, Respondent No. 3 to 6 were the trustees.;