DILA RAM Vs. MILKHI RAM & ANR

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for declaration, as well as for, rendition of a decree for permanent prohibitory injunction, qua, the suit khasra number(s) , was, hence dismissed.

(2.) Briefly stated the facts of the case are that the plaintiff filed a suit for declaration and injunction, to declare the relinquishment deed executed by defendant No.2 of his share in favour of defendant No.1, out of the suit land comprised in Khewat Khatauni No.373/412, Khasra No.823, 838, land measuring 10-17-9 bighas situated in Muhal Kalohad/27, Tehsil Sunder Nagar and Khewat No.52, Khatauni No.65, Khasra No.301, 303, 307, 308, 324, 325, 326, 331, 333, measuring 32-0-4 bighas, situated in Moza Jola/353, Tehsil Sadar, District Mandi, H.P. as per the jamabandi for the year 1997-98. The plaintiff aver that previously the land was owned by their father Sh. Mahant Ram, who was having six sons and one has expired. All the legal representatives have inherited the land of Sh. Mahant Ram. The plaintiff alleged that defendant No.2, illegally and against the law executed relinquishment deed of his share in favour of defendant No.1. The defendants were requested to cancel the relinquishment deed, but all in vain.

(3.) The defendants contested the suit, however, they had failed to within the stipulated period, file written statement to the plaint, hence their defence was struck off.