KAILASH RANI Vs. ATMA RAM

JUDGEMENT

(1.) The defendant/appellants by way of this regular second appeal have challenged the judgment and decree dated 23.12.1983 passed by the learned Additional District Judge, Amritsar vide which suit filed by the plaintiff/respondents seeking declaration that they were owners in possession of the 93 kanals 16 marlas of land situated in village Mehaidipur with a consequential relief of injunction restraining the defendants from dispossessing them forcibly or interfering in their possession stands RSA No.1144 of 1984 2 decreed.

(2.) The plaintiff/respondent Atma Ram and others filed a suit on the pleadings that plaintiff No.1 i.e. Atma Ram had obtained possession of the land in dispute on 6.12.1958 in pursuance to the decree passed in a pre- emption suit against Balbir Singh i.e. the vendee from Satpal Singh deceased who had sold his half share to him.

(3.) The appellant/defendants, the real sisters of Satpal deceased filed an application on 7.8.1980 against Atma Ram, as the mutation of succession in their names had been sanctioned. Plaintiff No.1 also claimed that the possession of the plaintiff No.1 had ripened into ownership being adverse to the entire world including the defendants. It was also pleaded that the land in dispute fell into two Kurras but mutation was entered in the name of Atma Ram plaintiff only with regard to one Kurra by oversight, and the plaintiffs came to know about it only on 17.12.1980, which led to the filing of the suit for declaration and injunction on 16.4.1981.