MATHRU Vs. RAMI

JUDGEMENT

(1.) ORDER:- Aggrieved from the judgment and decree dated 25-8-1973 passed by the District Judge, Mandi the appellants (hereinafter the plaintiffs) have filed the present appeal.

(2.) The facts of the case are that the plaintiffs-appellants filed a suit for declaration and injunction against the respondent (hereinafter the defendant) to the effect that the plaintiffs are the owners in possession of the share of Lohka in land measuring 24-3-1 bighas (fully detailed in the plaint) situate in Khaleen, Tehsil Sundernagar, District Mandi. The plaintiffs are the daughters and widow of Labhdoo (brother of Lahka) and the defendant is the sister of Lohka. Labhdoo and Lohka purchased the disputed land in equal shares from Harbhaj (husband of defendant) in 1949. After about 4/5 years of this purchase Lohka left his house and his whereabouts were unknown since then. It is alleged that he is presumed to have died about 14/15 years back and Labhdoo remained in possession of this land. After the death of Labhdoo, plaintiffs being the rightful heirs of Labhdoo came in possession of the disputed land and remained in its possession continuously. During the recent settlement, it was noticed that the defendant was recorded as an heir of Lohka vide mutation No.1 sanctioned on 17-10-1969. The plaintiffs alleged that the defendant was not an heir of Lohka (deceased) and the mutation was wrongly sanctioned in her favour. The plaintiffs also claimed that in case they were not found to be the rightful heirs of Lohka then in that case they had become owners of the disputed property (share of Lohka) by adverse possession.

(3.) The suit was contested by the defendant and the defendant denied the plaintiffs' claim. Upon the pleadings of the parties the following issues were framed on 1-6-1971: