MOHINDER SON OF BARU Vs. SUKHDAI

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the defendants was accepted thereby dismissing the suit of the Plaintiff in toto.

(2.) PLAINTIFF filed suit for declaration to the effect that he is owner in possession of one half share in the land fully detailed in the headnote of the plaint. As per averments of the Plaintiff one Smt. Paran widow of Pala was owner of land. Smt. Paran died about five years back leaving behind the Plaintiff and Smt. Shanti as her heirs. According to the Plaintiff he is son of Smt. Chhanno daughter of Smt. Paran. Smt. Shanti is Paran's daughter. With a view to deprive the plaintiff of his rightful claim Smt. Shanti in collusion with the revenue officials had got entered the mutation in her favour and had further sold away part of the property inherited to defendants No. 1 to 3. Since. Smt. Shanti had no right to sell away the specific numbers of the property in favour of defendants No. 1 to 3 they also be injucted from interfering in the possession of the plaintiff.

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