JASBIR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) The plaintiffs are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the appellants/plaintiffs for declaration to the effect that plaintiffs and performa defendants/respondents No. 4 to 12 herein, are owners in possession and successors to the estate of Sohail Singh @ Rawel Singh on the basis of his Will dtd. 18/12/1982, has been dismissed by both the Courts below.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the 'plaintiffs'; and the respondents are the 'defendants'.

(3.) The plaintiffs have filed the present suit for declaration that plaintiffs along with proforma defendant no.4 Pritam Kaur are owners in possession and have succeeded the estate of Sohail Singh at Village Manakpur and Urna as per Will dtd. 18/12/1982; and suit for declaration that whole estate of Rawail Singh @ Sohail Singh is succeeded by plaintiffs and proforma defendant Pritam Kaur and defendants no.1 to 3 have no concern with the same; and suit for declaration that revenue record showing defendants no.1 to 3 as successor to the extent of 1/3 share in land situated at village Manakpur and Urna is illegal and liable to be set aside; and the mutation No.9905 is illegal, null and void and liable to be set aside; along with suit for permanent injunction restraining defendants no.1 to 3 from interfering in the peaceful possession of plaintiff over the suit land and from alienating, mortgaging or transferring the suit land.