KULWANT SINGH Vs. BALOUR SINGH

JUDGEMENT

(1.) The plaintiffs have remained unsuccessful before the learned first appellate Court. They filed a suit for declaration claiming 3/5th share in the suit property and that the mutation dated February 4,1952 was illegal,bad and not binding upon their rights. A consequential prayer for permanent injunction was also made.

(2.) The plaintiffs claimed that Kehar Singh, deceased,was owner of the land in dispute. The plaintiffs and defendant No.1 are sons of Kehar Singh. Defendants No.2 to 4 are sons of Bhai Singh , deceased son of Kehar Singh and defendants No. 5 to 8 are the daughters and daughter's legal representatives. The plaintiffs further claimed that defendant No.1 was proclaiming that he had got 1/2 share in the land in suit.

(3.) Consequently, the suit in question was filed by the plaintiffs. The suit was contested by defendant No.1 who denied the allegations contained in the plaint.