KIDARA Vs. MANGE

JUDGEMENT

(1.) THIS regular second appeal has been directed by the plaintiff against judgment and decree dated 29.8.1980 passed by Additional District Judge, Jind, whereby, the appeal filed by the defendants was accepted and the suit of the plaintiffs for declaration was dismissed, but the parties were left to bear their own costs throughout.

(2.) BRIEFLY stated the facts are that Shiv Lal son of Mekha was owner of 1/2 share of land measuring 109 Kanal and 5 Marlas detailed in the heading of the plaint. On 20.9.1973, he executed a will in favour of the respondents (defendants) of his entire share in the above mentioned land.

(3.) AFTER the death of Shiv Lal, the mutation of the above mentioned land was sanctioned in favour of the respondents and they did not transfer 2/3rd share of the suit land in favour of the appellants as agreed. Consequently, the appellants filed a suit for declaration that they were owners of 2/3rd share out of 1/2 share of land measuring 109 Kanal-5 Marla, situated in village Inael Kalan, Tehsil and District Jind, as per jamabandi 1970-71 and further, they were entitled to get possession after getting it partitioned.