GURDAS Vs. DEVI SINGH

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.) The dispute between the parties concerns the land measuring 2-3-0 bighas being ? share of the land measuring 4-6-0 bighas comprising of Khata No. 108, Khatauni No. 148, Khasra Nos. 67, 76, 96 and 97, plots 4, vide jamabandi for the year 19991-92, situate in village and Kothi Goshal, Tehsil Lahaul, District Lahaul and Spiti, which shall here-in-after be referred to as 'the suit land'.