MOHIT AND ANOTHER Vs. HAWA SINGH AND OTHERS

JUDGEMENT

(1.) The plaintiffs are in the present Regular Second Appeal against the concurrent judgments of the Courts below.

(2.) The plaintiffs had filed a suit for declaration with consequential relief of permanent injunction asserting that the Civil Court decrees dated 11.03.1995 and 16.05.1998 and consequent mutations are illegal, null, void and not binding on the rights of the plaintiffs. The plaintiffs had claimed that their grandmother had suffered a decree in favour of their uncle (son of grandmother) Hawa Singh. The aforesaid decree amounts to transfer of ownership and, therefore, the same being not registered is liable to be set aside.

(3.) The learned trial Court after appreciating the evidence recorded a findings of fact in para Nos.12 and 13, which are extracted as under:-