JORA SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decree dated 17. 2. 1988 and 21. 3. 1991 passed by the learned Courts below dismissing the suit for declaration filed by the plaintiff/appellants.

(2.) THE plaintiffs filed a suit for declaration that they along with defendant No. 4 are the owners in possession of half share of the land measuring 279 kanals 2 marlas as detailed in the plaint on the basis of Will dated 12. 3. 1979 executed by Banta Singh, previous owner. It was also pleaded that the decree dated 30. 9. 1985 in favour of the defendants was not binding on them. Consequently, relief of permanent injunction was sought restraining the defendant/respondents from taking possession of the suit land or from alienating it.

(3.) THE suit was brought on the pleadings that Banta Singh son of Chuhar Singh was the uncle of plaintiffs and defendant No. 4 and was owner of half share in the suit land. He died on 17. 9. 1985 issueless and without wife. Plaintiffs and defendant No. 5 used to serve him and he executed a Will in their favour on 12. 3. 1979. The plaintiffs claimed that they along with Sadhu Singh, defendant No. 4 used to cultivate the land during his lifetime and they were in possession of the land of Banta Singh deceased.