NARINDER NATH KAPOOR Vs. PREM NATH KHANNA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 31.3.2005 passed by the learned Additional District Judge, Kurukshetra, vide which the appeal filed by the plaintiffs-respondents (herein referred as the plaintiffs') against the judgment dated 20.8.2002 passed by the Civil Judge (Sr. Division), Kurukshetra, was accepted and the suit was decreed.

(2.) THE allegations as set out are that Kaushalya Devi, mother of the plaintiffs, had purchased land measuring 79 kanals 12 marlas, being 1/4 share of the land measuring 106 kanals 3 marlas, vide registered sale deed dated 7.1.1967, situated within the revenue estate of village Dhurala, Tehsil Thanesar, District Kurukshetra. On the same day, the above said land was leased out by its earlier owners namely Kewal Krishan, Rajinder Krishan sons of Dwarka Dass and Smt. Kaushalya Devi widow of Dwarka Dass, for a period of 20 years i.e. from Rabi 1967 to Kharif 1987 and the possession was delivered to the defendant No. 1 as lessee. Similarly, plaintiff No. 1, Prem Nath and Kaushalya Devi his mother also purchased 5/25 share out of the land measuring 206 kanals 3 marlas as fully detailed in the plaint. Accordingly, defendant No. 1 started paying lease money to Kaushalya Devi as well as the plaintiff No. 1 and paid lease amount up to Rabi, 1980 against receipts. Kaushalya Devi died on 9.6.1980 leaving behind the plaintiffs as her legal heirs.

(3.) REPLICATIONS have also been filed. In the wake of the various pleas raised by the parties, the following issues were framed :-