DIMAN SINGH Vs. GENDALAL

JUDGEMENT

(1.) By this Second Appeal the defendants are challenging the judgment and decree passed by learned trial Court decreeing the suit of plaintiffs and which has been affirmed by learned First Appellate Court by the impugned judgment and decree.

(2.) The facts necessary for the disposal of this appeal are that plaintiffs filed suit for declaration and injunction in respect to certain agricultural land, the description whereof is mentioned in the plaint and which is the subject-matter of the suit. According to the plaintiffs, they are the Bhumiswami of half of the suit land and the defendants be restrained not to interfere in the possession of the plaintiffs. According to the plaint averments, plaintiffs are claiming Bhumiswami right from their father, namely, Anratiya who was having half share in the entire suit property. Further, it has been pleaded that since defendants are creating hindrance in the enjoyment of suit property, hence, the present suit for declaration of Bhumiswami right having half share in the suit property and injunction restraining defendants not to interfere in the peaceful possession of plaintiffs has been filed.

(3.) The defendants 1 to 6 by filing written statement refuted the plaint averments. According to the defendants their father, namely, Horalia was having 3/4th share in the entire suit property while plaintiffs' father Anratiya was having 1/4th share and, therefore, the plaintiffs are not entitled for the declaration that they are having half share in the suit property as Bhumiswami.