PARBHATI AND ORS. Vs. BUDHI AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decree dated 21.3.1985 and 13.9.1989 passed by the learned Courts below vide which suit filed by the plaintiff -appellants for declaration and in alternative for possession, has been ordered to be dismissed. The plaintiffs claimed that land in dispute measuring 31 Kanal 12 Maria situated in village Farizrabad Misa, Tehsil Palwal, District Faridabad is part of bigger chunk of land measuring 149 Kanal 15 Marias.

(2.) THE land measuring 31 Kanal 12 Marias was under mortgage with possession with defendant -respondents. The plaintiffs -appellant claimed that they are exclusive owner of the land. It was also pleaded that one Smt. Malho widow of Gangu was co -sharer in the disputed land to the extent of 1/3rd share and said Smt. Malho died about 15 years back. Plaintiff appellants claimed to be collateral of husband of Smt. Malho and accordingly got mutation of inheritance of Smt. Malho sanctioned in their name.

(3.) THE plaintiff/appellants claimed the Will to be forged and fabricated , however, the learned trial Court vide judgment and decree dated 16.8.1976 upheld the Will and also the entries in the record of right in favour of defendant -respondents.