ASHOK KUMAR Vs. RAM RAKSH PAL

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 1.1.2997 passed by the learned Additional District Judge (1), Kangra at Dharamshala in Civil appeal No. 11 -N/1996, whereby the judgment and decree dated 15.12.1995 passed by the learned Sub Judge 1st Class(2), Nurpur, declaring the Appellants -Defendants (hereafter referred to as 'the Defendants ') and the Respondents -Plaintiffs (hereafter referred to as 'the Plaintiffs ') joint owners in possession in equal shares of the land comprising Khata No. 103, Khatauni No. 275, Khasra Nos. 543, 555 and 553, measuring 1 -30 -79 HM, situate in Mohal and Mauza Chhatroli, Tehsil Nurpur, District Kangra, has been affirmed.

(2.) BRIEF facts leading to the filing of this appeal are that the Plaintiffs instituted a suit for declaration that the suit land is jointly owned and possessed by the parties in equal shares and the entries showing the Defendants as exclusive owners in possession of the suit land are illegal, null and void and inoperative on the rights of the Plaintiffs, who are co -sharers with them.

(3.) DEFENDANTS No. 1, 4 and 7, through Counsel representing all the Defendants, filed the written statement in which preliminary objections were taken to the effect that the suit was not maintainable in the present form, that the Plaintiffs have no locus standi or cause of action to institute the suit and that the Plaintiffs are estopped from filing the suit by their act and conduct. On merits, while admitting the ownership and possession of Nathu Ram on the suit land, his date of death and his having two wives and the parties being born out of the two wives as alleged in the plaint, it has been denied that the Plaintiffs are the legal heirs of Nathu Ram. It is claimed that Plaintiff Ram Raksh Pal had strained relations with Nathu Ram and used to quarrel with him, therefore, a brotherhood Panchayat was constituted and a family arrangement was made on 8.6.1977 whereby the properties were divided between deceased Nathu Ram and Plaintiff Ram Raksh Pal, whereby about 52 Kanals of land in Mauza Thora Bhalun was given to Plaintiff Ram Raksh Pal who was also given the share in the residential house, cash, ornaments and business. The suit land was given to the Defendants. After this family arrangement the parties started living separately as per said arrangement. Subsequently, deceased Nathu Ram executed a Will on 12.11.1984 in favour of the Defendants whereby the suit property and other properties owned and possessed by Nathu Ram deceased were given to Defendants No. 1 and 7 on the basis of which the mutation of inheritance was accordingly sanctioned to which the Plaintiffs never raised any objection. Apart from Defendants No. 1 and 7 all other heirs were excluded by Nathu Ram from inheriting the properties which remained in his hand including the suit property and, thus, the claim of the Plaintiffs had been denied.