SHADI LAL Vs. DEWAN CHAND

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeal Nos. 103 and 104 of, 1979. THE FACTS. The appellants Shadi Lal and others (hereinafter referred to as the plaintiffs) filed a suit for declaration that they were the owners of the suit land and as a consequential relief for possession of the same and further that sale deed dated January 15, 1968 being invalid will not affect their rights. They claimed that they were the heirs of Des Raj deceased, who was the last male owner of the land in suit. The suit land was allotted to him in lieu of the land left by him in Pakistan. The defendants Nos. 1 to 5 representing themselves to be the heirs of Des Raj deceased sold the suit land to defendant No. 6 vide sale deed dated January 15, 1968.

(2.) Initially, the suit was filed for declaration only as the plaintiffs claimed that they were in possession of the suit land through their tenant Kartar Singh, During the pendency of the suit, it was claimed that Kartar Singh in collusion with defendant No 6 had delivered possession of the latter necessitating the amendment of the plaint and a decree for possession was sought for.

(3.) The suit was contested by the defendants. The defendant No. I to 5 took the plea that they were heirs of Des Raj and that mutation of inheritance was rightly sanctioned in their favour and that they validly sold the suit land to defendant No. 6.