GURDAS AND ANR. Vs. DEVI SINGH AND ORS.

JUDGEMENT

(1.) IN this appeal arising out of concurrent findings of fact, challenge is laid by the appellants -defendants against the judgment and decree dated 23.10.2008, of the learned District Judge, Kullu, H.P., in Civil Appeal No. 91/05 -47/08 titled Gurdas and Anr. v. Devi Singh and Ors., whereby the appeal filed by them against the judgment and decree dated 7.10.2005, passed by the Civil Judge (Senior Division) Lahaul -Spiti at Keylong, Himachal Pradesh, in Civil Suit No. 39 of 2001 titled Devi Singh and Ors. v. Gurdas and Anr., for grant of a decree of declaration with consequential relief of injunction and in the alternative for possession, filed by the respondents -plaintiffs, was dismissed, thereby affirming the findings returned by the learned trial Court.

(2.) THE suit was initially filed by S/Shri Devi Singh, Prem Singh, Prem Lal, Bir Singh and Sham Lal, sons of Shri Roop Dass, son of Shri Parnand against Shri Gurdas and Shri Devi Dass, sons of Shri Parnand. Later on, on the death of plaintiff No. 3, Shri Prem Lal, his legal representatives, namely Kiran and others (respondents -plaintiffs No. 3 to 7) were brought on record to represent his estate as involved in the present appeal. Admittedly, late Shri Roop Dass, father of the original plaintiffs, was real brother of the defendants Shri Gurdas and Shri Devi Dass.

(3.) BEREFT of details the facts pleaded by the parties are that according to the plaintiffs, the suit land was owned by their father Shri Roop Dass and after his death in the year 1969, it was inherited by them as owners in possession thereof in equal shares on the basis of mutation of inheritance sanctioned in their favour. However, the defendants in connivance with the revenue officials got mutation No. 148, dated 17.5.1998, sanctioned in their favour, whereby, they have been recorded as owners in possession of the suit land. Though a review petition was filed against this mutation, yet since the defendants started interfering in the possession of the plaintiffs over the suit land, they were constrained to file the suit.