SHER SINGH Vs. VIRENDER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 29.11.2013 passed by the learned Additional District Judge (I), Mandi (Camp at Sundernagar) in Civil Appeal No. 80 of 2013 whereby he affirmed the judgment and decree dated 26.11.2012 passed by the learned Civil Judge (Senior Division), Court No.1, Sundernagar, District Mandi, in Civil Suit No.52/2008 dismissing the suit of the appellants plaintiffs (hereinafter referred to as the plaintiffs).

(2.) "Key facts " leading to the filing of the appeal may be noticed thus.

(3.) The plaintiffs had filed a suit for declaration that they are owners in possession over the land comprised in Khata/Khatauni No. 24/58, Khasra No.3, 14,15, plots-3, measuring 8-5-19 bighas, situate in Mauza Rangar/33, Sub Tehsil Nihri, Tehsil Sundernagar, District Mandi (hereinafter referred to as the suit land) and the revenue entries reflecting the respondents/defendants (hereinafter referred to as the defendants) as owners in possession over the suit land be declared wrong, illegal, null and void and the defendants be restrained from interfering in any manner over the suit land by way of permanent prohibitory injunction. It was averred that the suit land is recorded in the ownership of Mani Ram and Hari Singh to the extent of half shares each and as per remarks, Hari Singh has expired and had been succeeded by the defendants and further Mani Ram had transferred his half share in favour of the plaintiffs. Mani Ram and Hari Singh were real brothers of father of the plaintiffs namely Khub Ram, who was posted as Patwari in 1970 at Muhal Rangar. The suit land was earlier owned by one Luharu and Khub Ram, predecessor-in-interest, of the plaintiffs had purchased the suit land from him on 25.01.1970 for a consideration of Rs. 5,000.00 and purchase money was paid by Khub Ram to said Luharu and eversince Khub Ram possessed the property and after his death the same has been inherited by the plaintiffs as his legal heirs.