BIBI AND OTHERS Vs. BALWANT SINGH AND OTHERS

JUDGEMENT

(1.) By this second appeal, some of the defendants in the civil suit filed by the three respondents herein (plaintiffs), challenge the judgments and decrees issued by the learned Sub-Judge II Class, Kaithal, dated 22.04.1987 and of the learned District Judge, Kurukshetra (first appellate court) dated 23.08.1988.

(2.) The suit of the respondent-plaintiffs was one seeking possession of the suit land measuring 27 kanals and 5 marlas, situated in the revenue estate of village Jadaula, Tehsil Kaithal (as was fully described in paragraph 1 of the plaint), with the suit having been decreed in favour of the plaintiffs by the learned Sub Judge, they having been held entitled to joint possession of the suit land, with that judgment and decree having been upheld in toto by the first appellate court.

(3.) The case of the respondent-plaintiffs was that Baru Ram son of Shehzada @ Mara son of Ganga Ram, resident of the aforesaid village, was the owner in possession of the suit land. Baru Ram died on 11/12.1.1980, with him having bequeathed the whole of his property, including the suit land, to the plaintiffs by way of a will dated 06.02.1979.