VIDYA DEVI Vs. MELA RAM

JUDGEMENT

(1.) Both the learned Courts below have dismissed the application moved by the plaintiffs under Order 39 Rule 1 & 2 of the of Civil Procedure. In the aforesaid background, the plaintiffs have preferred the instant petition under Article 227 of the Constitution of India.

(2.) A suit was filed by the plaintiffs/petitioners for declaration to the effect that they alongwith proforma defendants are owners in possession of the suit land to the extent of 1/8th share measuring 3-12 bighas out of the total land measuring 28-13 bighas situtated at Mauza Bangran, Tehsil Paonta Sahib, District Sirmaur, H.P. Mutation of inheritance of suit land attested in favour of defendants No.1 and 2 was also prayed to be declared as illegal and inoperative qua the plaintiffs. A sale deed executed by defendants No.1 and 2 on the basis of this mutation in favour of defendants No.3 and 4 was also prayed to be declared as illegal. Consequential relief of permanent prohibitory injunction for restraining the defendants from interfering and changing the nature/alienating the suit land was also prayed.

(3.) After hearing learned counsel for the parties, I am of the considered view that there is no error in the impugned orders passed by the learned Courts below:-