NAGIN SINGH Vs. SWARNI DEVI AND ORS.

JUDGEMENT

(1.) Defendant -appellant Nagin Singh, hereinafter referred to as the defendant, has filed the present appeal under the provisions of Sec. 100 of the Code of Civil Procedure, assailing the judgment and decree dated 2.1.2006, passed by the District Judge, Kangra at Dharamshala, in Civil Appeal No. 90 -N/XIII -2004, titled as Nagin Singh v/s. Swarni Devi and others, whereby judgment and decree dated 24.8.2004, passed by the Civil Judge (Junior Division) -I, Nurpur, District Kangra, Himachal Pradesh, in Civil Suit No. 51/98, titled as Swarni Devi and others v/s. Nagin Singh, stands affirmed. Claiming themselves to be successors -in -interest of Basantu and Santi, children of Bhangi, plaintiffs -respondents Swarni Devi, Joga Singh and Datto Devi, hereinafter referred to as the plaintiffs, have set up their title with respect to the suit property. Challenge is also laid to the entries, recorded in the name of defendant.

(2.) Based on the pleadings of the parties, trial Court framed the following issues:

(3.) On the evidence so led, trial Court answered the issues in favour of the plaintiffs and decreed the suit in the following terms: