JOGI RAM Vs. NATHU

JUDGEMENT

(1.) Present regular second appeal is directed against the judgments and decrees of the Courts below whereby suit of the appellants-plaintiffs for possession of the land measuring 208 kanals 5 marlas i.e. claiming 13/72 share measuring 37 kanals 12 marlas against the defendants on the premise that Muthari was owner in possession of the land and after her death, plaintiffs and proforma defendants became owner in possession of the suit land. On the demise of Muthari, the defendants mis-represented the revenue authorities and obtained mutation in his favour. Reliance to a pedigree table reflects that Krishan Lal had three sons, namely, Sohan Lal, Mohan Lal and Jai Lal. Mohan Lal stated to have adopted one Dhania, whereas Sohan Lal had six sons. The dispute is not with regard to the progeny and the determination of the share of Jai Lal. On demise of Krishan Lal, the mutation was sanctioned on 3/8/1912 in favour of Mohan Lal, Sohan Lal and Jai Lal. However, the mutation in the year 1992 Ex.DW2/2 reflected the legal representatives as seven in number including Dhania. Sohan Lal had following children Dhania, Tahali, Prabhu, Ramu, Nanak, Hazari and Parladha. Hazari and Parladha had died issueless. Nanak had one son Bhagu, who died issueless. The dispute revolves around the share of Ramu, who had married Muthari, regarding 52 kanals 4 marlas. In the present Civil Suit No. 30 of 15/2/1973, the plaintiffs are grand children of Dhania who had three sons, Singh Ram, Munishi and Rikhi Ram, whereas defendants are the children of Tahali and Prabhu son of Sohan Lal and other defendants no. 6 and 7 are grand children claiming afore-mentioned relief.

(2.) The defendants contested the suit by averring that the suit was not maintainable as plaintiffs had no right to challenge the alleged mutation dtd. 4/4/1967 as there was remedy in law, which had already been decided in their favour. In fact, a statement was suffered that Dhania was adopted son and did not have any right to inherit the share of Sohan Lal. As per the pedigree table, Dhania had five sons instead of three sons.

(3.) The trial Court, on the pleadings of the parties, framed the following issues:-