BHAGWAN CHAND Vs. GUJRU RAM

JUDGEMENT

(1.) THIS judgment shall dispose of RSA Nos. 473, 477 and 519 of 2001 as common question of law is involved in all the appeals. RSA No. 473 of 2001.

(2.) SMT .Gauran Devi and appellants filed a suit for declaration that they and Kishan Dutt, predecessor -in -interest, of respondents No. 1(a), 1(b) as well as Gujru Ram, respondent No.2, areco -sharers in possession of land, more specifically described in the plaint, measuring 1 -15 -81 H.M. (30 Kanals 3 Marlas), Mohal Samoon, Tehsil Indora. The entries in revenue record showing Kishan Dutt and Gujru Ram only co -sharers of the said land are illegal and void. It has also been pleaded that appellants, Smt. Gauran Devi, Kishan Dutt, Gujru Ram are entitled to shares as pleaded in the plaint, the relief of permanent prohibitory injunction has also been prayed.

(3.) ON 01.09.1959 after the death of Mansha Ram, family arrangement took place, Kishan Dutt admitted that he has 1/5th share in the estate of deceased Mansha Ram. Kishan Dutt taking advantage of wrong entries in the revenue record, moved an application for partition before Assistant Collector 1st Grade, Nurpur and succeeded in getting the partition on the basis of wrong entries which has caused irreparable loss to the appellants and Smt. Gauran Devi. On these averments, the suit was filed. Smt Gauran Devi died in second appeal and her name was deleted. Kishan Dutt also died in second appeal and his legal representatives respondents 1(a), 1(b) have been brought on record.