KRISHAN CHAND Vs. NAND LAL

JUDGEMENT

(1.) THIS appeal by the plaintiffs/appellants is directed against the judgment and decree dated 20.10.1994 of the first Appellate Court whereby dismissing the appeal, decree passed by the trial Court/dismissing the suit of the appellants/plaintiffs, has been affirmed.

(2.) PLAINTIFFS /appellants filed a suit for declaration that the orders of mutations dated 3.9.1986 (No. 2679) and 30.8.1986 (No. 2815), passed by the Assistant Collector II Grade, Arki were illegal, void and against the facts and law and hence not binding upon them and the proforma defendant/respondent Ramesh Chand. By way of further relief issuance of permanent prohibitory injunction restraining respondents/defendants No. 1 and 2 Nand Lal and Jagat Ram, respectively, from causing any interference in the possession of the plaintiffs over the land measuring 5 Bighas 2 Biswas/bearing Khasra No. 281/1, situated at Mauza Bikrampur (Kot), Pargana Pobar, Tehsil Arki/was sought.

(3.) THE respondents/defend ants contested the suit. Various preliminary objections were raised. Suit was alleged to be not maintainable. Jurisdiction of the Court was also alleged to be barred. Plea of limitation was also raised. Suit was alleged to be barred under Order 23 Rule 1 of the Code of Civil Procedure also. One of the plaintiffs, namely Krishan Chand was alleged to be not the son or a legal heir of deceased Lachhi Ram and hence having no locus standi to file the suit. The plaintiffs were alleged to have had no cause of action. Plea of estoppel was also raised.