Sekhbir Singh vs Hacheru Singh - 1970 Supreme(All) 263

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1970 Supreme(All) 263

D. D. SETH
Sekhbir Singh – Appellant
Versus
Hacheru Singh – Respondent

Advocates appeared:
Shambhu Pd. and K.M. Sinhas, For the Appellant / K.C. Agarwal for Respondents, For the Respondent

ORDER

D.D. Seth, J. - This is a Plaintiff's appeal arising out of a suit for partition of the two houses in dispute. The Plaintiffs claimed 2/7th share in the two houses. The Plaintiffs' case was that the houses in dispute were ancestral belonging to the common ancestor of the parties, namely, Mawasi Singh. According to the Plaintiffs, some quarrels developed between the parties and hence the suit was filed by the Plaintiffs claiming 2/7th share in the houses in dispute on the basis of the pedigree given in the plaint.

2. Defendants Nos. 3 to 9 did not admit the pedigree given in the plaint, but Dal Chand, one of the contesting Defendants, admitted the correctness of the pedigree. It was, however, pleaded by the Defendants that the parties have always been members of the joint family and there had never been any partition in the family. They also urged that the joint family was possessed of sufficient property comprising of agricultural land, houses etc. and further that certain properties belonging to the joint family had not been included in the suit and hence the suit was bad for partition and was, therefore, liable to be dismissed.

3. Before the trial court, two questions were pre

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