HAWA SINGH AND OTHERS Vs. MAIPERSON AND ANOTHER

JUDGEMENT

(1.) Petitioners are aggrieved of order dated 03.02.2016 passed by Additional Civil Judge (Sr. Division), Tosham vide which application for DNA profile test of the defendants was rejected.

(2.) Plaintiffs-petitioners filed a suit for declaration to the effect that plaintiff No.1 was owner in possession of ?th share. Plaintiffs No.2 to 5 were owners in possession of ?th share each in the land comprised in khewat No.40 total measuring 259 bighas, 3 biswas. Plaintiffs also sought declaration that plaintiff No.1 was owner in possession of th share and plaintiffs No.2 to 5 were owners in possession of th share each in agricultural land comprised in khewat No.48 total measuring 24 bighas and 0 biswa. Plaintiffs also sought declaration that plaintiff No.1 was owner in possession of 1/600th share and plaintiffs No.2 to 5 were owners in possession of 1/600th share each in agricultural land comprised in khewat No.115 total measuring 2023 bighas, 10 biswas. Plaintiffs also sought declaration that judgment and decree dated 08.11.1985 passed in Civil Suit No.659 of 1985 titled as Maiperson v. Risala and consequent mutation No.1603 sanctioned on the basis of aforesaid Civil Court judgment and decree were wrong, without consideration and were not binding upon the rights of the plaintiffs.

(3.) Plaintiffs claimed that the suit land was inherited by Ramji Lal and Risala from their father Baksha. Baksha had inherited the same from his father Masaniya. The land comprised in khewat No.48 was purchased by Risala from the funds generated from Joint Hindu Family Property. Baksha son of Masaniya had two sons namely Ramji Lal and Risala. Ramji Lal was married to Sarti. Risala was married to Bhurli. Defendants were born from the wedlock of Risala and Bhurli.