BUDHI PARKASH Vs. HOTEM RAM

JUDGEMENT

(1.) JUDGMENT , Judge The present appeal at the instance of the contesting defendants is against the judgment and decree, dated 14.12.2007, of the learned District Judge, Kullu, H.P. in Civil Appeal No. 7/2007, titled Hotam Ram and another versus Budhi Parkash and others, whereby the judgment, dated 14.11.2005, of the learned trial Court, Civil Judge (Junior Division), Manali, Camp at Kullu, H.P. in Civil Suit No. 36 of 2002/156/04 -M, titled Hotam Ram and another versus Budhi Parkash and others, was reversed and thereby the aforesaid Civil Suit for grant of a decree of declaration with consequential relief of injunction filed by the contesting respondents herein as plaintiffs against the appellants and the proforma respondents herein as contesting defendants and proforma defendants, respectively, which was dismissed by the learned trial Court, has been decreed by allowing the appeal.

(2.) THE dispute between the parties concerns the estate of late Shri Jagat Ram @ Jagatu, grand father of the plaintiffs comprised of Khata No. 239, Khatauni No. 424, Khasra No. 840, measuring 2 -16 -0 bighas, vide Jamabandi for the year 1992 -93, situate at Phati Shirar, Kothi Raison, Tehsil and District Kullu (H.P.), which shall hereinafter be referred to as the suit land. For the sake of convenience, the parties shall also be referred to hereinafter by their status as it was before the learned trial Court, i.e. plaintiffs, contesting defendants and proforma defendants, respectively.

(3.) WHEREAS , proforma defendants No. 3 and 4, Jog Ram and Shakuntla Devi @ Tara Devi are son and daughter, respectively of the deceased, the plaintiffs are sons of proforma defendant No. 3, Shri Jog Ram.