KAKU DIN AND ORS. Vs. NOOR AND ORS.

JUDGEMENT

(1.) THE appellants were plaintiffs before the learned trial Court. They have felt aggrieved and dissatisfied by the concurrent findings of the courts below, hence, this regular second appeal. Vide order dated 16.10.1998, this appeal was admitted on the following substantial questions of law:

(2.) In nut -shell, the facts giving rise to the present case can be stated thus. Plaintiffs sought declaration claiming themselves to be the owners in possession of the suit land in joint khata No. 44, to the extent of half share of total land measuring 16 kanals 16 marls, as mentioned in Misal Hakiat Bandobast Jadid Sani for the years 1981 -82, besides 26 kanals of land owned and possessed by them over which they acquired the proprietory rights. According to them they were owners in possession of the total land measuring 42 kanals 16 marls in the said Khata and their shares mentioned therein were wrong. These were merely the paper entries and this land is not subject to the partition by the respondents, thus sought the consequential relief of permanent injunction.

(3.) RESPONDENTS herein contested the claim of the appellants, questioning the maintainability of the suit and took up the point of estoppel, no cause of action and non -joinder of necessary parties. On merits, case of the plaintiff -appellants was totally denied including the execution of the agreement, as alleged. It was also contended that if the writing Ex.P1 is proved to have been executed, even then it is not enforceable in law nor the suit in the present form lies for its enforcement, thus no relief could be allowed to them.