LOHLI Vs. CHATTAR SINGH

JUDGEMENT

(1.) Aggrieved by the judgments and decrees passed by the learned Courts below, the plaintiffs/appellants have filed the instant appeal.

(2.) The plaintiff filed a suit for declaration and prohibitory injunction in respect of the land comprising Khata/Khatauni No. 9/9 measuring 23 bighas 7 biswas and the land measuring 47 bighas 19 biswas was entered in the name of Mahesh, Suja, Dharma and Jorawar sons of Jassa in equal shares as per the copy of Jamabandi for the years 1958-59. The pedigree table of the parties is given below:-

(3.) It was averred that Mahesh died in early 1960 and his share was entered in the name of Suja, Dharma and Jorawar in equal share vide mutation No. 17 and the parties thereafter partitioned the total land by private partition which was entered into between the parties on 13.10.1963 and attested on 12.10.1964 whereby late Shri Suja and Jorawar were allotted land measuring 24 bighas 12 biswas and Dharma alone was allotted 23 bighas 7 biswas of land on partition and the factum of possession as reflected in Jamabandi for the years 1957-58 was accepted basing the partition on the custom 'CHUND BAND'.