SHAKUNTLA DEVI AND OTHERS Vs. SARDARA AND OTHERS

JUDGEMENT

(1.) The appellants, i.e., legal heirs of Mam Chand-plaintiff have assailed the judgment and decree of the Lower Appellate Court allowing the appeal in part by granting injunction but declined declaration as sought.

(2.) The plaintiff instituted the suit for declaration and permanent injunction as consequential relief, on the premise, that land measuring 16 kanals had come into his ownership in view of the compromise dated 29.02.1968 being part of the civil suit dated 22 of 1967. It was averred that suit for pre-emption of the suit land was filed by the plaintiff which was accepted on the basis of the compromise and as such the plaintiff became the owner of suit land and thereafter, had been in actual physical possession of the same. The defendants intended to dispossess him from the suit land, thus, cause of action arose to seek declaration vis-a-vis title and injunction.

(3.) The defendants contested the suit by denying the filing of suit for pre-emption. It was averred that suit land was already partitioned, vide order dated 28.5.1985, whereas, suit land came to the share of defendant no.3 and his father Sadhu alongwith some other land.