JAGDISH Vs. MANI RAM

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial court thereby decreeing the suit of the plaintiffs.

(2.) PARTIES are real brothers. Plaintiffs filed a suit for declaration on the basis of a family settlement that both the plaintiffs have been given 4 kanals land each. According to the plaintiffs a family settlement took between the parties and ever since then they are in possession of the same as owners. So, the revenue record which continued to show defendant to be owner of the land to the extent of these 8 kanals is liable to be corrected in favour of the plaintiffs.

(3.) ON the pleadings of the parties a number of issues were framed but primarily the contest revolved around issue No. 1, which reads as:- 'Rs.1. Whether the plaintiffs are owners in possession of the suit land in equal share on the basis of family settlement as alleged ? OPP; Trial court after considering the oral as well as documentary evidence especially the document exhibit P-1, an affidavit bearing the thumb impression of the defendant, found substance in the plea of the plaintiffs and so decided this issue in favour of the plaintiffs. The court further held that the possession of the suit land had already been delivered to the plaintiffs. In view of material finding of issue No. 1 in favour of the plaintiffs' the suit of the plaintiffs was decreed as prayed for.