1 and 3 to 5 herein to the extent of 1/7th share each in the house in dispute.
1 to 4.
1, Bhushan Kumar Puri defendant No.
The defendant respondent No.
But the defendant respondent Rajinder Pal Puri one of the sons of Ishar Mal claiming to be the owner of 1/3rd share in the house sold out the same to the defendant respondent No.
5, respondent No.
According to the plaintiffs, on the death of their mother Dhan Devi the remaining three sons and four daughters of Ishar Mal inherited 1/7th share each in the house in suit.
1, Guriqbal Singh.
1, Anand Dev Puri and the defendants Rajinder Pal Puri and Bhushan Kumar Puri, the three sons of deceased Ishar Mal, each having 1/3rd share in the same who had affected private partition among themselves and each one of them had separate possession of 1/3rd share of the house and that Rajinder Pal Puri was the owner in possession of 2/3rd share which he sold out to him by a registered Sale Deed dated December 2, 1977 with delivery of possession.
The plaintiffs appellants took the plea that Rajinder Pal Puri had only 1/7th share in the house and he companyld number have validly sold 1/3rd share in the house to respondent No.
Briefly stated the facts of the case are that the plaintiffs appellants brought a suit for separate possession by partition of the house in suit to the extent of their share against the defendants respondents by companytending that the house in suit belonged to their father Ishwar Mal who died on 10.1.1960 leaving behind him his widow Dhan Devi, since deceased, three sons, namely, Anand Dev, plaintiff appellant No.
1, Guriqbal Singh by a registered sale deed dated December 2, 1977.
1, respondent No.
The plaintiffs case was that on the death of their father Ishwar Mal each of the eight heirs named above became owner of 1/8th share in the house in question, being th6 widow, sons and daughters of late Ishar Mal.
Defendant Rajinder Pal Puri admitted that he had sold the said portion of the house in dispute to defendant No.
3, Sita Devi, defendant No.
4, respondent No.
2, respondent No.
3, respondent No.
The defendants Nos.
1, 3 and 4, namely, Rajinder Pal Puri, Sita Devi and Nand Rani filed a companymon written statement admitting that the house in dispute belonged to Ishar Mal and after his death it was inherited by the plaintiffs and the defendants Nos.
1, Guriqbal Singh filed a separate written statement by traversing all the plaint allegations and took the plea that the house in question only belonged to the plaintiff No.
3 herein , Rajinder Pal Puri defendant No.
2 herein and three daughters, namely, Gynawati, plaintiff appellant No.
4 herein , Nand Rani, defendant No.
5 herein and Pushpa Devi, plaintiff appellant No.
1 herein, Guriqbal Singh but he took further plea that it was a fidelities sale to teach a lesson to his sons and wife who had become disobedient.
Faizan Uddin, J. This is an appeal filed by the plaintiffs against the order dated July 22, 1988 passed by the High Court of Punjab Haryana dismissing the plaintiffs appeal against the judgment dated September 25, 1987 passed by the Additional District Judge, Sangrur setting aside the judgment and preliminary decree dated May 25, 1984 passed by the Sub Judge, 1st Class Malerkotla for possession by partition of the house in suit in favour of the plaintiffs and defendants respondents No.
