ANIL KSHETARPAL
Kartar Singh (dead) through his LRs – Appellant
Versus
Sardara Singh (since deceased) through his LRs – Respondent
ANIL KSHETARPAL, J.
1. Defendants-appellants are in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the learned trial Court.
2. Plaintiff-Sardara Singh filed a suit for declaration claiming that he is owner in possession of land measuring 93 kanals and 17 marlas being half share of land measuring 187 kanals and 14 marlas by virtue of terms of the family settlement dated 13.04.1967. Plaintiff also challenged a civil Court decree dated 16.07.1986 passed in favour of Kartar Singh and against Gurdial Kaur.
3. The substantial question of law arises in the present case is that:-
“Whether the judgment of the learned First Appellate Court while making a reference to Section 14 (2) of the Hindu Succession Act and while returning the finding that Gurdial Kaur was only a limited owner, is a result of misreading of deed of family settlement dated 13.04.1967.”
Facts – (i) Harnam Singh was original owner. Initially he was married to Smt. Nand Kaur and two sons namely Sardara Singh (plaintiff) and Kartar Singh (defendant No.1) were born. Thereafter, Smt. Nand Kaur, the first wife died and Harnam Singh re-married with
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