PARMESHWARI Vs. HANS KAUR

JUDGEMENT

(1.) THIS Regular Second Appeal has been directed by the plaintiffs against the judgments and decree, passed by both the courts below, whereby their suit for declaration and permanent injunction has been dismissed.

(2.) THE brief facts of the case are that Smt. Bhagwani (defendant No. 1) is mother of plaintiffs Ram Mehar and Mir Singh and defendant No. 5 Phul Singh. She was owner in possession of 12/32 share of the agricultural land measuring 154 kanals 16 marlas, situated within the revenue estate of Village Chhudani. With regard to the said land, she suffered a collusive decree in favour of defendants No. 2 to 4, her grand-sons (sons of defendant No. 5) in civil suit No. 432 of 1993, titled Ram Kumar etc. v. Bhagwani. In the instant suit, the plaintiffs have challenged the said decree alleging therein that the said property was ancestral property in the hands of Bhagwani and in the year 1990, a family settlement had taken place between the parties, by virtue of which defendant No. 1 had relinquished her share in the suit property in favour of the plaintiffs and defendant No. 5 in equal shares. By virtue of the said family settlement, the three sons were put in actual physical possession of the suit property. However, subsequently defendant Nos. 2 and 4 hatched a conspiracy with defendant No. 5 and got suffered a collusive decree in their favour from defendant No. 1 with regard to the suit land, owned by her.

(3.) I have heard counsel for the parties and gone through the impugned judgments and decree, passed by both the courts below.