RAM LOK Vs. BOGALIA

JUDGEMENT

(1.) THE plaintiffs are in appeal against the judgment and decree dated 27.12.1999 passed by learned District Judge, Solan in Civil Appeal No. 36 S/13 of 1999 dismissing the appeal of the appellants. The parties are referred in the same manner as in the trial Court.

(2.) THE facts, in brief, are that plaintiffs filed a suit for declaration that mutation No. 343 dated 26.8.1994 is illegal and not binding on the plaintiffs, plaintiffs No. 1 and 2 have become owners of share relinquished in favour of their predecessor by Hakim before 1960, permanent prohibitory injunction restraining defendant not to interfere in the property falling in the share of plaintiffs.

(3.) HAKIM was of religious mind. He became sadhu and left the village in late 50's, he relinquished his 1/3rd share in equal share to his brothers, namely, Jainti and Bogalia. He retained right over a small portion of joint property for constructing a Mandir. The plaintiffs are in continuous uninterrupted possession as owner of their share.