DARBARA SINGH Vs. HAZARA SINGH

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree of the lower appellant court whereby the appeal filed by them against the judgment and decree of the trial court was dismissed.

(2.) One Aya Singh who owned land subject-matter of the present appeal died on 31.10.1975 leaving behind Hazara Singh, Darbara Singh, Ram Singh and Sham Singh as his sons, Shrimati Baai widow of Aya Singh and three daughters, Mavi, Har Devi and another. According to the plaintiffs, this land was ancestral property of the plaintiffs and defendants No. 1 to 5. The plaintiffs further alleged that defendants No. 1 to 3 have illegally occupied the land claiming that Will executed by Aya Singh entities them to hold the suit land to the exclusion of others.

(3.) Defendants No. 1 to 3 put in appearance and controverted the various averments made in the plaintiff. Other defendants were proceeded ex parte.