HANSRAJ Vs. GIRIDHAR

JUDGEMENT

(1.) Heard the learned Counsel for the parties. With the consent of the parties heard finally at the admission stage.

(2.) The above Second Appeal takes exception to the judgment and decree dated 4th August 2010 passed in Regular Civil Appeal No. 48/2007; by which the judgment and decree passed by the Trial Court in Regular Civil Suit No. 163/1997 came to be set aside and the suit came to be dismissed.

(3.) The Appellants are the original Plaintiffs, who had filed the said Regular Civil Suit No. 163/1997 for declaration and 4 correction of revenue record in respect of the suit tank, more specifically described in para 2 of the plaint. The suit property is old Khasra No. 107, which is now part of Gat No. 47 wherein the suit water tank known as Mahuri Bodi. The Plaintiffs and the Defendants claim through a common ancestor Ladkanbapu. The Plaintiffs' father is one Premlal, who was the grandson of Ladkanbapu, whereas the father of Defendant No. 4 Giridhar was the son of one Gumanbhau, who was the son of said Ladkanbapu. It was the case of the Plaintiffs that the ancestral property had undergone partition whereby the said Premlal and the said Gumanbhau were enjoying the property separately.