SHER SINGH Vs. MAHABIR SINGH

JUDGEMENT

(1.) (Oral) - This Regular Second Appeal has been filed by the defendants in the original lis. Plaintiff-Mahabir Singh succeeded before the trial Court in view of judgment and decree dated 14.2.1989. This judgment and decree was challenged by the defendants before the learned first Appellate Court but without any success inasmuch as the same came to be dismissed on 7.6.1991.

(2.) Briefly put, it has been the case of plaintiff-Mahabir Singh that his father Sher Singh was owner of 177 Kanals situated at village Hathur, Tehsil Jagraon, District Ludhiana which was ancestral in his hands (Sher Singh). He along with other brothers, namely, Surjit Singh, Dalip Singh and Manjit Singh, has right in the land aforesaid by birth, the property being joint Hindu family co-parcenery property. Sher Singh, during his life time, had suffered a decree pertaining to parcel of land measuring 69 kanals 5 marlas out of total land measuring 177 kanals in favour of his son Surjit Singh on 10.10.1986, whereas another piece of land measuring 69 kanals 5 marlas was transferred in favour of Manjit Singh vide yet another civil court decree dated 12.8.1961. Sher Singh suffered still another decree dated 22.9.1986 vide which he transferred land measuring 38 kanals in favour of another son Dalip Singh. First two decrees, as mentioned above, came to be challenged by plaintiff-Mahabir Singh by primarily stating that the Sher Singh had no right whatsoever to confer proprietary rights to other brothers to his complete exclusion, property being joint Hindu family property in which he had right by birth. It is conceded position that the decrees, subject matter of challenge, came to be passed in favour of Surjit Singh and Manjit Singh on the basis of family settlement.

(3.) The cause of plaintiff was contested by the defendant/appellants on various grounds as would be reflected from the issues that came to be framed by the learned trial court on the pleadings of the parties. Same are reproduced as under:-