MAHABIR SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) Unsuccessful defendants have approached this Court by way of the present Regular Second Appeal, inasmuch as suit filed by the plaintiffs Kartar Singh etc. (contesting respondents herein) seeking decree of permanent in- junction with alternative prayer for possession of the suit land, was decreed by the trial court on 17/2/2011; and the appeal filed by the defendants-appellants was dismissed by the appellate Court on 20/8/2014.

(2.) Trial Court record was called. The same has been perused. In order to avoid confusion, parties shall be referred as per their status before learned trial Court.

(3.) One Mai Ram was owner in possession of agricultural land measuring 426 kanal 10 marla situated within the revenue estate of village Chandi Tehsil Meham District Rohtak. Out of this, 78 kanal 5 marla of land in the hands of his son Ram Dutt was declared surplus on 1/1/1960 under the provisions of Punjab Security of Land Tenure Act, 1953. However, land remained unutilized by the State. Thereafter, Ram Dutt son of Mai Ram suffered Civil Court decree dtd. 30/3/1970 qua 3/4th share in the said land in favour of his wife and sons namely Rukmani, Balkishan and Hazari Lal in equal share and based thereon, mutation was sanctioned on 23/5/1971.