MUKHTIAR SINGH Vs. NISHAN SINGH

JUDGEMENT

(1.) This regular second appeal has been preferred by some of the defendants who are aggrieved of the judgment and decree dated 27.2.2004 passed by the learned first appellate Court. It may be mentioned here that the impugned judgment and decree has been passed in an appeal field by the appellant's codefendants in the suit.

(2.) Briefly, the facts are that, the predecessor-in-interest of respondent No. 3 to 10, namely, Rachhpal Singh (since deceased) filed a suit for declaration to the effect that he along with defendants No. 21 and 22 was joint owner in possession of land measuring 22 kanals 6 marlas, the details of which are given in the head-note of the plaint, and that defendants No. 1 to 20 and 23 to 24 have no right or concern with the same and they be restrained from interfering in the peaceful possession of the plaintiff and defendants No. 21 and 22.

(3.) The above stated suit was contested by defendants No. 1 to 8 and 11 to 20 by filing a joint written statement in which the locus standi, possession or title of the plaintiff qua the suit land was contested. Defendant No. 22 also field a separate written statement questioning maintainability of the suit and locus standi of the plaintiff. The said defendant also took the plea that he along with defendants No. 23 and 24 had become owners of the suit land by way of adverse possession.