HUKMI Vs. MATTO

JUDGEMENT

(1.) This is a second appeal by the plaintiffs who brought a suit for a declaration that they were the exclusive owners of the suit land being the heirs of one Lal Singh. They claimed to be in possession. Consequently they also claimed the relief of injunction against the defendants - respondents, restraining them from interfering with their possession over the suit land. The trial Court dismissed the suit in its entirety, but the lower appellate Court by the impugned judgment held the plaintiffs-appellants entitled to only one-fifth share in the suit land and made a declaration accordingly. The appellants were also held to be in joint possession of the land to the extent of their one-fifth share along with the defendants- respondents through tenants. The defendants were also restrained from interfering with the possession of the plaintiffs.

(2.) It is not disputed at this stage that the land, in question, was originally held by Jhanda Singh. He is dead. His estate including the suit land was inherited by his son Lal Singh. He is also dead. The plaintiffs-appellants, are the widow, sons and daughters of Lal Singh, Wazir Singh, D.W.1, who is the uncle of the defendants-respondents, was married to one Mst. Jiwan. From her, he has a son Bahal Singh and a daughter Mst. Jatto. The defendants allege that they are daughters of Jhanda Singh through Mst. Jiwan and, thus, claimed title to 4/5th share in the suit land. The trial Court held as a fact that the defendants-respondents are the daughters of Jhanda Singh born through Mst. Jiwan. The lower appellate Court upheld this finding. The question, therefore, before me is: Whether defendants-respondents Nos.1 to 4 can be held to be the lawful daughter of Jhanda Singh? The counsel for both the parties addressed on this issue only.

(3.) In my opinion, the findings of the two Courts below cannot be upheld under the law.