MUL SINGH Vs. INDRU

JUDGEMENT

(1.) IN a suit brought by the respondents, Mst. Indru, Dhanun and Teju against Inder Singh & ors for possession of 207 kanals and 3 marlas of and in vil. Kolan, Teh. R.S. Pura under Khewat Nos. 7/1, 7,10,12, 14, 16, and8/8, 9/11, in the court of the Sub -judge Jammu a decree of half the property was passed in favour of plaintiffs Mst Indru and others against the defendant in that case by the said court on 12 -12 -62. Appeals were preferred by both the plaintiffs and the defendants in that case. The appeal preferred by Mst Indru & others was not pressed by the learned counsel for the appellants and therefore it was dismissed. The other appeal is by the defendants in that case which will be decided by this order. This is appeal No. 78 instituted on 18 -2 -63.

(2.) THE brief facts giving rise to this suit are as under: -

(3.) THE defence of the defendants was that they were entitled to the entire land. They set up a custom quite contrary to the one alleged by the plaintiffs. They also said that Sham Singh had left no male issue and as Tara Singh had died issue -less the whole property under the custom would revert to them. The plaintiffs -would not be entitled to any share. They further alleged that they had been in possession of the property for a pretty long time. The suit was barred by time.