JAMEEL AHMED Vs. ZARIB HASSAN

JUDGEMENT

(1.) The present Regular Second Appeal has been filed by defendants Nos.l to 3, assailing the judgment and decree dtd. 22/2/1999 passed by the learned Additional District Judge, Jagadhri, whereby the appeal filed by the plaintiff was allowed; and the judgment dtd. 29/8/1996 passed by the learned Additional Civil Judge (Senior Division), Jagadhri, dismissing the suit, was reversed.

(2.) For the sake of clarity, the parties shall hereinafter be referred to as per their original status before the Trial Court. On requisition, trial court has been perused.

(3.) Pleadings of the Plaintiff: The plaintiff Zarib Hassan (respondent N: 1 herein) instituted a suit for declaration and possession in respect of 76 kanal 03 maria of land situated in village Muzafat Khurd, Tehsil Jagadhri. The foundation of the plaintiff's claim was that the suit land was originally owned by Mohammad Baksh, the common ancestor of the parties. Upon his death, the land devolved upon his son Roshan, thereafter upon his son Hayatoo, and finally upon Smt. Jano, widow of Hayatoo, who died issueless.