SHER SINGH Vs. SARTI

JUDGEMENT

(1.) Defendant no. 1 and legal representatives of defendant no. 2 have preferred the instant second appeal.

(2.) Hari Singh and Jhabar filed suit. They have since died and are now represented by respondents Sarti and Santra daughters of Hari Singh. Bhiwa was common ancestor of the parties. He had four sons namely Gordhan, Harnarain, Sadhu and Lekha. Defendants Sher Singh and Hoshiar Singh are sons of Lekha alias Lekh Ram. Plaintiffs Hari Singh and Jhabar were sons of Sadhu. Gordhan had a son namely Surja who died issueless. Harnarain has two sons namely Roshan and Rameshwar who are said to have shifted to Rajasthan.

(3.) The plaintiffs alleged that they are in cultivating possession of half share of the suit land measuring 27 kanals 9 marlas but on the basis of revenue entries, the defendants threatened to interfere in the possession of the plaintiffs. Accordingly, the plaintiffs sought declaration that they are in possession of half share of the suit land as tenants and the revenue entries in favour of Surja and Lekha since deceased are null and void and do not affect the rights of the plaintiffs. Permanent injunction restraining defendants from interfering in the possession of the plaintiffs over the half share of the suit land was also claimed.