BHAGAT RAM AND ORS. Vs. LACHHMU AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the Plaintiffs -Appellants against the judgment of the learned single Judge of this Court dated June 2, 1975, rendered in Regular Second Appeal No. 152 of 1968, dismissing the appeal and confirming the judgment and decree passed on June 26, 1968 by District Judge of the then Mahasu District, who had dismissed the appeal and had confirmed the judgment and decree passed by the Subordinate Judge, Theog on (sic) December 30, 1967, dismissing the suit of the Plaintiffs -Appellants.

(2.) Common ancestor of the parties was one Ganga, who had four sons, namely, Kehroo, Bhajnoo, Atma and Chehroo alias Jharu. Kehroo and Chehroo died issueless. Balia, Ram Nath and Krishna, the Plaintiffs were the son of Bhajnoo. Kanshi Ram, Shiboo and Motia Defendants were the sons of Atma. On the death of Motia, Defendant No. 3, his widow Smt. Sandhroo was brought on record as his legal representative and she is Respondent No. 3 in this appeal. Ram Nath and Shiboo died during the pendency of this appeal without leaving any heirs and their names have thus been deleted from the array of Parties. Balia and Krishana Plaintiffs -Appellants and Kanshi Ram, Defendant, also died during the pendency of this appeal and their legal representatives have also been brought on record.

(3.) The dispute pertains to the immovable property, 49 big has 7 bis was in extent, situate in village Shabogh and 16 big has 12 bis was in Village Shiva along with two residential houses, Khalyan and Kharolis etc. situate in these villages. Both these villages were the part of erstwhile princely State of Madhan. Plaintiffs and Defendants were entered as co -owners in equal shares in respect of this land.