SURJIT SINGH Vs. DHARAM KAUR

JUDGEMENT

(1.) This judgment shall dispose of two regular second appeals 1137 and 1475 of 1981 as questions of law and fact are almost identical.

(2.) This is unsuccessful defendant's regular second appeal against the judgment and decree of the Additional District Judge dated 18.3.1981 dismissing his appeal against the judgment and decree of the trial Court dated 18.10.1980 vide which the suit of the plaintiff was decreed as prayed for.

(3.) Plaintiffs filed a suit for possession of land as per details given in plaint. As per averments made in the plaint the plaintiffs were stated to be owners of equal shares in land measuring 20 bighas and 12 biswas and to the extent of 1/10th share each in joint land measuring 43 bighas and 18 biswas on the basis of judgment and decree dated 22.5.1975. It has been further stated by the plaintiffs that this land was given to them by their husband, Surjit Singh and the plaintiffs had been cultivating the suit land through defendants, namely, Surjit Singh and Mansa Singh. Since they have declined to deliver back the possession hence the present suit.