GURDAS RAM Vs. SATPAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 7.3.2009 rendered by the Additional District Judge, Una in Civil Appeal No. 55 of 2006.

(2.) "Key facts" necessary for the adjudication of this appeal are that predecessor -in -interest of respondent -plaintiff, namely, Satpal and Saran Singh (hereinafter referred to as the "plaintiffs" for convenience sake) instituted a suit against the appellants -defendants (hereinafter referred to as the "defendants" for convenience sake), namely, Gurdas Ram, Gurdev Chand and Shakuntla Devi for declaration. According to the plaintiffs, the suit land as detailed in the head note of plaint was owned and possessed by them alongwith defendant No. 1 Gurdas Ram to the extent of following shares:

(3.) REPLICATION was filed by the plaintiffs. The trial court framed issues on 27.11.1996 and 27.6.2003. The Civil Judge (Junior Division), Court No. II, Amb decreed the suit on 24.5.2006. Defendant No. 1 Gurdas Ram filed an appeal against the judgment and decree dated 24.5.2006 before the Additional District Judge, Una. He dismissed the appeal on 7.3.2009. Hence, the present Regular Second Appeal. It was admitted on the following substantial questions of law: