KARTAR SINGH Vs. TASVIR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgement and decree dated 31.05.2002, rendered by the Court of Civil Judge (Junior Division) Gurdaspur, vide which, it dismissed the suit, and the judgement and decree dated 28.11.2008, rendered by the Court of Additional District Judge, Gurdaspur, vide which, it dismissed the appeal.

(2.) SAIN Dass son of Tej Ram, r/o village Saidhpur, Tehsil and District Gurdaspur, was the original owner in possession of the suit land. He executed a registered Will dated 20.10.1990, in favour of the plaintiffs and defendants Nos. 1 and 2, bequeathing his entire property. It was stated that after the death of Sain Dass, the plaintiffs and defendants Nos. 1 and 2, became the joint owners in possession of the suit land. It was further stated that defendants Nos. 3 to 6, having no right, title or interest in the suit land, got the mutation sanctioned, in respect thereof, in their favour, on the basis of inheritance, at the back of the plaintiffs, and threatened them to alienate the same. They were many a time, asked not to do so, but to no avail. On their final refusal, to desist from their illegal designs, left with no other alternative, a suit for declaration and permanent injunction was filed.

(3.) DEFENDANTS Nos. 5 and 6, in their written statement, admitted the claim of defendants Nos. 1 and 2. The remaining averments, were denied, being wrong.