RANJIT SINGH SARKARIA
Baj Singh – Appellant
Versus
Tilok Singh – Respondent
Ranjit Singh Sarkaria, J.
1. The following pedigree-table will be helpful in understanding the facts leading to this Regular Second Appeal 444 of 1962 :-
2. Gian Singh shown in the above pedigree-table, owned agricultural land and other immovable property in the area of villages Rai and Rakh Rai, Tehsil Lahore, now in West Pakistan. He was a Lambardar. In 1941, he was removed from the office of Lambardar. In order to retain this office in the family, he separated his eldest son, Sawan Singh, and gave him one-fourth share of his land, house and other property, so that the latter may become the Lambardar in his (Gian Singhs) place. Under this arrangement, the remaining three sons of Gian Singh were to be the sole heirs and owners of the property to be left behind by Gian Singh on his death, to the exclusion of Sawan Singh and his heirs. After the partition of the Indian Sub-continent, the parties migrated to India. In lieu of the landed estate left behind in Pakistan by Gian Singh, he was allotted the land in suit, situate in the area of village Shah Abu Bakar. Thereafter, consolidation proceedings took place. Sawan Singh got a separate chak allotted in the area of village Bu
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