BALDEV SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 25.4.2007 rendered by the learned Additional District Judge, Fast Track Court, Una, District Una, Himachal Pradesh in Civil Appeal No. 5/98 RBT 179/04/98.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondents-plaintiffs (hereinafter referred to as 'plaintiffs', for convenience sake) filed a suit for declaration against the appellant-defendant (herein after referred to as 'defendant', for convenience sake). According to the averments made in the plaint, plaintiffs and the defendant are the only legal heirs of deceased Anar Devi alias Ganga Devi widow of Ran Singh son of Ram Saran, resident of village Jalgran Tabba, Tehsil and District Una, in respect of the area of land as detailed in the plaint. After the death of Ran Singh, share of the parties including Anar Devi to the property of Ran Singh was to the following extent:

(3.) Karam Singh also died leaving behind his legal representatives-successors. Anar Devi @ Ganga Devi died on 26.4.1990 leaving behind the plaintiffs and defendant as her only legal representatives and successors. Now the shares of the plaintiffs and defendants after the death of Anar Devi in the whole of joint land were as under: