MAAN SINGH Vs. CHHOTU RAM

JUDGEMENT

(1.) Anil Kshetarpal, J. - 1. The plaintiff/appellants have filed the regular second appeal against the concurrent findings of fact arrived at by both the Courts below while dismissing the suit filed seeking decree of declaration to the effect that the plaintiffs are owners in possession of the suit property comprised in killa No. 142 (3-0) situated within the revenue estate of village Dariyapur, Tehsil Bahadurgarh, District Jhajjar.

(2.) The plaintiffs, who are sons of late Raghunath Singh (died on 19/3/2008), claimed that their father had bequeathed all his properties including l/3rd share in plot No. 142 in favour of the plaintiffs in equal share vide registered Will dtd. 6/6/2005. The plaintiffs claimed that they came to know that the defendants have illegally, in collusion with the revenue officials, got sanctioned mutation of exchange bearing No. 1629 dtd. 26/10/1981 recording that Raghunath Singh had given in exchange the suit land in lieu of having received some land in abadi. The plaintiffs have claimed that the value of suit land is more than Rs.100.00 and therefore, required to be exchanged through a registered document. The plaintiffs claims that they are using the property for storing fuel wood, preparing cow-dung cakes and tethering cattle. The plaintiffs also claim that they had stored 30,000 bricks for construction of their house.

(3.) The defendants contested the suit while asserting that they are owners in possession of the suit land on the strength of the exchange of land by Raghunath Singh and they are in continuous possession of the same. On appreciation of evidence, both the Courts below dismissed the suit filed by the plaintiffs as they failed to prove their case.