TEJ SINGH Vs. SHAKUNTLA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decrees of the courts below whereby their suit for declaration and permanent injunction to the effect that defendant No.1 had no right or interest left in the property in dispute and they are owners in possession of half share of the property, was dismissed.

(2.) AS per the pleadings, Nand Land, father of the appellants, was brother of Prem Singh and Ram Sarup, sons of Mukh Raj. After the death of Mukh Raj, his three sons, namely, Nand Lal, Prem Singh and Ram Sarup inherited his land measuring 44 bighas 15 biswas bearing khewat No.136/164 khata No.384, khasra Nos. 107,108, 110, 115, 116, 123, 125, 126, 129, 130, 821, 822, 823, 824, 1270, 1276, 1277, 1799, 1800, 1801, 1802, 1809, 1812, 1813, 1815, 1832, 1833, 1834, 1944, 1945, 1948, 1949, 1950, 2040, 2041, 2070, 2325 and 2419 situate in village Jahangirpur, Tehsil and District Jhajjar. After consolidation of holdings, land bearing khewat No.194/185 khata 293, 294, kila nos.15/5, 15/6, 15/15, 15/16, 15/24/2, 15/25, 16/11/16/20, 16/21/1, 35/4, 35/5, 35/6, 35/7, 35/14, 35/15/1, 40/22, 40/28, 65/11/2, 65/12, 65/13, 65/17, 65/18, 65/19/1, 65/22, 65/23, 65/24, 67/1, 67/2, 67/9/2, 67/10, 67/29, 68/6, 73/4, 73/5/1, 73/6/2, 125/1, 125/10, 125/11, 126/6, 466, 802, 803 and 65/19/2 measuring 246 kanals situate in village Jahangirpur, Tehsil and District Jhajjar were allotted in lieu of the land mentioned above.

(3.) RAM Sarup had died issueless in the year 1939 leaving behind his widow Smt. Bakhtawari, who inherited his 1/3rd share in the suit land as life estate and Mutation No.1172 dated 30.10.1939 was sanctioned in her favour. She contracted kareva marriage with Prem Singh in the year 1940 who was brother of the deceased Ram Sarup s/o Mukh Ram. Prem Singh died in the year 1953.