JAWAHAR SINGH AND DIWAN SINGH BOTH SONS OF LATE SHRI LALMAN, RESIDENT OF VILLAGE BHANGROTU, TEHSIL SADAR, DISTRICT MANDI, H.P. Vs. KISHAN SINGH AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs' Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiffs -appellants Shri Jawahar Singh and Shri Diwan Singh (herein after referred to as the plaintiffs) filed Civil Suit No. 71/90, titled Jawahar Singh and another versus Kishan Singh and others, for declaration and injunction as a consequential relief, against defendants -respondents Shri Kishan Singh and others (hereinafter referred to as the defendants, which expression also includes their legal heirs).

(2.) The same was dismissed by the Court of Sub Judge 1st Class, Court No. 2, Mandi, in terms of judgment and decree dated 20th November, 1993. In the plaintiffs' Civil Appeal No. 53 of 1996/94, titled Jawahar Singh and another versus Kishan Singh and others, learned Additional District Judge, Mandi, has affirmed the judgment and decree, in terms of its judgment and decree dated 27th November, 2000. The present appeal stands admitted on the following substantial questions of law:

(3.) IN support of his contentions, Mr. Behl has referred to and relied upon the decision of the apex Court rendered in Shankarsan Parida (dead) and his legal heirs Ramphamani Dei and others versus Laxmindhar Nayak, AIR 1991 Orissa 23; Ramchandra Rambux versus Champabai and others, : AIR 1965 SC 354; Gorantla Thataiah versus Thotakura Venkata Subbaiah and others, : AIR 1968 SC 1332; and Smt. Indu Bala Bose and others versus Manindra Chandra Bose and another, : (1982) 1 SCC 20. He has specifically invited my attention to the evidence led by the plaintiffs, i.e. statement of plaintiff Shri Jawahar Singh (PW -1), Shri Brij Lal (PW -2) and Shri Thopa (PW -3).