MAHESH GROVER
Shri Sham Singh (Since Deceased Through His Lrs. ) – Appellant
Versus
Sarwan Singh – Respondent
Mahesh Graver, J.
1. This Regular Second Appeal is directed against judgments and decrees dated 29.8.1980 and 24.11.1984 passed respectively by the Sub Judge 1st Class, Phillaur (hereinafter described as the trial Court) and the Additional District Judge, Jalandhar (referred to hereinafter as the first appellate Court) whereby the suit of the plaintiff-respondent No.l was decreed and the appeal of the defendant Nos.l to 3-appellants was dismissed.
2. The plaintiff filed a suit for declaration to the effect that he is owner in possession of 81 kanals and 19 marlas of land as described in the headnote of the plaint. It was averred that defendant No.l-Sham Singh (since deceased) was father of the plaintiff; that defendant no.l along with other defendants, namely, Jhalman Singh and Jarnail Singh, as also the plaintiff constituted a joint Hindu family which had land to its credit; that the land so held by the family was ancestral in nature; that defendant No.l had partitioned the property held by joint Hindu family and the land in question was given to the plaintiff and he was asked to pay Rs.5000/- to defendant Nos.2 & 3 which he did; that defendant No.l had retained one Khasra
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