BALDEV SINGH Vs. OM PARKASH

JUDGEMENT

(1.) BY this common judgment, I shall be disposing of two appeals both filed by Baldev Singh and Ajit Singh arising out of Civil Suit No. RBT 305 of 1998 titled as Baldev Singh and another v. Om Parkash and others in which they have sought declaration with consequential relief of permanent injunction and Civil Suit No. RBT 252 of 1998 titled as Om Parkash and others v. Baldev Singh and another in which possession has been sought with mesne profits.

(2.) IN order to understand the dispute in the present case, it is necessary that the pedigree table be reproduced, which is as under :

(3.) REPLICATION was not filed by the plaintiffs. On the pleadings of the parties, the following issues were framed by the trial Court : 1. Whether the plaintiffs are owners in possession in equal share of the suit property detailed in para No. 1 of the plaint ? OPP. 2. Whether the sale deed dated 17.9.1992 executed by defendants No. 5 to 11 in favour of defendants No. 1 to 4 is illegal, null and void, as alleged ? OPP. 3. Whether the defendants are owners in possession on the basis of sale deed dated 17.9.1993 ? OPD. 4. Whether the suit has not been valued properly for the purpose of court fees and jurisdiction ? OPD.