MANOHAR SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge accepting the appeal filed by the plaintiffs, thus decreeing their suit.

(2.) BRIEFLY put, plaintiffs filed a Suit for declaration to the effect that land measuring 7 bighas and 15 biswas and a double storey house consisting of two rooms, one verandah and two chobaras, as shown in the site plan annexed with the plaint, is a joint Hindu Family Coparcenary property of the plaintiffs and defendant No. 2 and that the decree dated 19. 8. 1983 suffered by defendant No. 2 in favour of defendant No. 1 is collusive, illegal and not binding upon the plaintiffs with a further relief that defendant No. 1 be restrained from dispossessing or interfering in their joint possession of the land in dispute.

(3.) ON the pleadings of the parties a number of issues were framed but primarily the contest revolved around the following issues:" 2) Whether the suit property is coparcenary of the plaintiffs and the defendants as alleged by the plaintiffs in para 1 of the plaint? OPP. 6) Whether the decree dated 19. 3. 1983 suffered by defendant No. 2 in favour of defendant No. 1 being collusive, is not binding upon the plaintiffs? OPD. "