KEHAR SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) (ORAL)

(2.) THIS is plaintiffs' second appeal challenging the judgment and decrees of the courts below whereby their suit for mandatory injunction to handover possession of suit property to them was dismissed.

(3.) THE aforesaid suit was contested by the respondents who submitted that the plaintiffs were neither owners nor in possession of the property in dispute and the same was gifted by them vide gift deeds dated 26.7.1972 in favour of their father Maghar Singh and after that the property in dispute was given by Maghar Singh to defendants No.1 to 3 through the Civil Court decree dated 28.1.1988. THE aforesaid decree was challenged by the plaintiffs in civil suit No.1092 of 1988, which was dismissed and thus, the suit was without any merit and was liable to be dismissed.