LAWS(P&H)-2004-1-81

SHER SINGH Vs. MAN

Decided On January 21, 2004
SHER SINGH Appellant
V/S
MAN Respondents

JUDGEMENT

(1.) THIS is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity 'the Code') challenging concurrent findings of facts recorded by both the courts below holding that the plaintiff-appellants have not been able to prove themselves as the sons of defendant-respondent Mann Singh. It further held that the land in dispute held by defendant-respondent Mann Singh is ancestral and in the absence of proof that the plaintiff-appellants are the sons of defendant-respondent, no permanent prohibitory injunction against defendant-respondent Mann Singh could be issued.

(2.) THE plaintiff-appellant namely Sher Singh along with his brother Bhagwana plaintiff-respondent 2 filed civil suit No. 184 of 17.6.1977 against the defendant-respondents with a prayer that defendant-respondent Mann Singh be restrained from alienating the ancestral and coparcenary agricultural land. A further prayer was made that the defendant-respondent be restrained from interfering in the use of the suit land by the plaintiff-appellant and plaintiff-respondent 2 on the ground that it was conparcenary and 'ancestral property.' It was alleged that the defendant-respondent was a drunkard person and was bent upon to alienate the suit land without any legal necessity.

(3.) ON the basis of the pleadings of the parties, following issues were framed :-