GANGA RAM Vs. KALI DASS

JUDGEMENT

(1.) Appellants have preferred this Regular Second Appeal under Sec. 100 of Code of Civil Procedure (in short "CPC") against judgment and decree dtd. 21/4/2005 titled Nantu and others vs. Kali Dass and others passed by learned District Judge Kullu, District Kullu in Civil Appeal No. 47 of 2000 whereby judgment and decree dtd. 29/2/2000 passed by learned Sub Judge First Class, Manali, District Kullu in Civil Suit No. 18/98/96, titled Kali Dass and others vs. Nantu and others, has been affirmed.

(2.) For convenience, parties hereinafter shall be referred according to their status in Civil Suit i.e. plaintiffs and defendants respectively.

(3.) Suit land was owned and possessed by one Kekti. Plaintiffs filed a suit for declaration with consequential relief of injunction against the defendants claiming that they were joint owners having right over half share of land comprised in Khata/Khatuani No. 56/101 to 103, Khasra Nos. 482, 562, 574, 755, 828, 415, 458, 460, 486, 538, 616, 1226, 1233, 1242 and 457, Kita 15 measuring 22/11/0 bighas described in jamabandi for the year 1988-89 situated in Phati Hallan-II, Kothi Baragarh, Tehsil Manali, District Kullu excluding the land comprised in Khasra No. 457, measuring four biswas which was in possession of Devta Shri Dhumal (hereinafter to be referred as suit land), and further that entries to the contrary were wrong and incorrect and they were entitled to get their half share partitioned in the suit land by initiating partition proceedings and to seek consequential relief of injunction restraining the defendants from ousting the plaintiffs from their joint ownership and possession in the suit land.