KULDEEP SINGH Vs. KARNAIL SINGH AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby, the the Court of first Instance partly decreed the suit for permanent injunction and declaration vide judgment and decree dated 11.07.2013 and the Court of first Appeal dismissed the appeal vide judgment and decree dated 23.05.2015.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiffs had filed a suit for declaration to the effect that they are owners in joint possession of 1/2 share in bara in dispute on the basis of registered Will dated 3.4.2001 executed by Mohinder Singh son of Santu in favour of his grand sons and compromise dated 30.4.2006 allegedly executed by the parties i.e., plaintiffs No. 1, 2 and 5 is illegal as the same was under the threat of life and same has got no effect upon the proprietary rights of the plaintiffs.