BIASO DEVI Vs. PUSHPA KUMARI

JUDGEMENT

(1.) Plaintiffs suit stands decreed in terms of judgment and decree dated 19.1.1985 passed by Sub Judge IIIrd Class, Nurpur, District Kangra, H.P., in Civil Suit No.283/81 old.498/94 new, titled as Joginder Pal and others vs. Bachittar Singh and others, which stands affirmed by the Additional District Judge (I), Kangra at Dharamshala, in terms of judgment and decree dated 15.3.2001 passed in Civil Appeal No. 26 of 1985, titled as Bachittar Singh and another vs. Joginder Paul and others.

(2.) This is the defendants' Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, assailing concurrent findings of fact recorded by the Courts below in terms of judgment and decree referred to hereinabove.

(3.) Shri Joginder Pal (plaintiff No.1), Shri Bansi Lal (plaintiff No.2), Smt. Soma Devi (plaintiff No.3), Smt. Bhagwanti (plaintiff No.4) and Smt. Sushilla Devi (plaintiff No.5) (hereinafter referred to as plaintiffs, which expression for all intents and purposes shall include their legal heirs as well) filed a suit for declaration against Shri Bachittar Singh (defendant No.1), Shri Rattan alias Rattan Chand (defendant No.2) and Shri Jagtu (defendant No.3) (hereinafter referred to as defendants, which expression for all intents and purposes shall include their legal heirs also), to the effect that they are owners of the suit land. The suit was amended and they claimed possession thereof from the defendants.