LAXMAN Vs. CHURAMAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dt. 30.8.95 whereby the appellant-plaintiff's suit for declaration and possession of the suit land was dismissed.

(2.) THE plaint allegations in brief are that the suit land bearing Khasra No. 5, 70, 74, 143/2, 165 and 167 total area 3.38 hectares was the Joint Hindu Family property. The defendant-respondent No. 1 is the son of deceased Sarjoo, while respondent No. 2 is his wife. It was also averred rather vaguely, that the defendants No. 1 & 2 had gone out of the family after the death of Sarjoo, their predecessor. It was further averred that the defendant-respondent No. 1 and 2 are intending to sell away the land to defendants-respondents No. 3 and 4. Hence the suit for declaration and possession on the averment that in view of the circumstances, the plaintiff-appellant has acquired title over the suit property.