CHAMPA Vs. SAWARAN LAL

JUDGEMENT

(1.) FOR reasons mentioned in the application, which is accompanied by affidavit, delay of 105 days in re-filing the appeal is condoned. Main Appeal:

(2.) LEGAL representatives of Girdhari Lal defendant No.1 (since deceased) have filed the instant second appeal, having lost in both the courts below.

(3.) PLAINTIFFS' case is that on migration from Pakistan to India, suit house was allotted to Karam Chand by way of conveyance deed and since the year 1955, Karam Chand, father of the parties, was owner of the suit property. Ram Rakhi, mother of the parties, expired on 30.04.1992 whereas Karam Chand died on 02.05.1994. The plaintiffs accordingly claimed that both the parties being legal heirs of their parents are owners of the suit house in equal shares. PLAINTIFFS sought declaration to this effect along with ancillary relief of permanent injunction.