SOMA DEVI AND ORS. Vs. DUNI CHAND

JUDGEMENT

(1.) THIS is a regular second appeal filed by the Appellants under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 1.4.2000, passed by the learned District Judge, Hamirpur, H.P., vide which he reversed the findings of the learned Sub Judge Ist Class(2), Hamirpur, dated 1.10.1992, decreeing the suit of the Appellants for declaration and injunction.

(2.) BRIEFLY stated the facts of the case are that the Appellants, hereinafter also referred to as the Plaintiffs, filed a suit for declaration and possession that the land comprised in the khasra numbers, as detailed in the plaint, measuring 17 kanal 19 marla, was owned by the Plaintiffs, who are the sole owners in possession of the land in dispute. The entry in the column of possession in the name of Shiv Ram, son of Gurdwaru, father of the Plaintiff and grand father of Defendant, is entirely erroneous and baseless. It was also alleged that Shiv Ram had died on 10.4.1962. The suit land originally belonged to Smt. Parsino Devi, widow of Tehku, who was a collateral of the Plaintiffs, who died on 3.7.1985. The Plaintiffs had succeeded to the suit land on her death on the basis of the Will in their favour. The entries in favour of Shiv Ram showing him in possession were challenged since he was already dead for the last 27 years. It was also alleged that the Defendant on the basis of the mutation No. 353 attested in his favour are threatening to interfere in the possession of the Plaintiffs, hence the suit filed by the Plaintiffs.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: