BALBIR SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) CM-3768-C-2020 Prayer in the present application filed under Sec. 151 of the of Civil Procedure is for condonation of delay of 334 days in re-filing the present appeal. Heard. For the reasons mentioned in the application, which is duly supported by an affidavit, affida the delay of 334 days in re-filing the present appeal is condoned. Application is accordingly disposed of. RSA-1250-2020 2020 (O&M) This is defendants' appeal against the judgment and decree dtd. 20/9/2018 passed by the Court of learned Additional District Judge, Tarn Taran dismissing the appeal filed by the defendants against the judgment and decree dtd. 19/8/2017 passed by the Court of learned Additional Civil Judge (Senior Division), Tarn Taran vide which the suit filed by the plaintiffs plaint for declaration and permanent injunction had been partly decreed. Mutation No.2116 was held to be illegal and defendants No.1 to 4 were restrained from interfering in the possession of the plaintiffs over Khasra Nos.27///22 and 31//14.

(2.) For the sake of convenience, the parties shall be referred as per their original status.

(3.) The plaintiffs filed a suit for declaration that they were the owners in exclusive and established possession as co co-sharers of land measuring 16 Kanals (fully described in the plaint) situated at Village Kirrian, District Tarn Taran (hereinafter referred to as the 'suit property') and that the defendants had no right, title or interest in the same. A further declaration was sought that Mutation No.2116 on behalf of Pritam Kaur, widow of Ajaib Singh in favour of defendants No.1 to 4 was illegal, null and void. Consequential relief of permanent injunction restraining defendants No.1 to 4 from interfering into the possession of the plaintiffs and from alienating the suit property was also sought.