Judgment

CHANDRACHUD, J.: - These appeals by special leave arise out of a suit filed by the 1st respondent, Suraj Bhan; for a declaration that he was the sole owner of certain houses and shops situated at Mouza Bikaner and at Rewari. The trial Court decreed the suit and that decree was affirmed in appeal by the High Court of Puniab and Haryana at Chandigarh.

2. The score of the dispute is narrow and we will only refer to such of the facts as are relevant for the purposes of these appeals. One Bansidhar had four sons. Sukhan Lal, Munna Lal, Prabhu Dayal and Chhanga Mal. The plaintiff Suraj Bhan is the son of Sukhan Lal. Munna Lal is defendant 1 while his scans, Onkar Mal and Banarsi Dass are defendants 2 and 3 to the suit. Prabhu Dayal s son is defendant 4 and Chhanga Mal s sons are defendants 5 to 8. Shortly the dispute is between the plaintiff on the one hand and his uncle and cousins on the other.

3. On July 6, 1943 defendant 4 Puran Mal and Chhanga Mal separated from the joint family and we are not concerned in these appeals either with defendant 4 or with defendants 5 to 8. They were impleaded to the suit as formal parties.

4. On April 1,1948 plaintiff and his uncle defendant 1 p