Hardit Singh and others – Appellant
Versus
Gurmukh Singh and others – Respondent
Lord Buckmaster :-
The question in this appeal is whether the appellants have an interest jointly with the respondents in a village known as Bhagsar.
In the proceedings, out of which the appeal has arisen, the appellants were the plaintiffs and the respondents were the defendants, and in that suit the two material issues were, first, whether the property in question was part of a joint family estate, and, secondly, if it were, whether the plaintiffs, who were members of the family, had lost their right by abandonment, acquiescence, or adverse possession. The finding of the two Courts that the property was originally joint is not challenged, and the only question is that raised by the second issue. Upon this the Subordinate Judge of Ferozepore found in favour of the appellants, and his judgment was reversed by the Chief Court of the Punjab. In considering the soundness of this latter judgment it is important to bear in mind certain facts with regard to the possession of joint property, which distinguish it from property separately held. In the former case the phrase "exclusive possession" has an equivocal meaning; in the latter it has not. If by exclusive possession of joint estate i
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