MANGAT RAM Vs. DINA NATH DES RAJ

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted vide order dated 7. 8. 1980 by Shri A. S. Bains, J. , An application under order 39 Rules 1 and 2 C. P. C. seeking temporary injunction against the respondents in the appeal from alienating the land and from removing or cutting the trees on the land during the pendency of the appeal was filed on 1. 7. 1996. Vide order dated 4. 7. 1996 notice of that Application was issued for 6. 9. 1996. Counsels appearing for respective parties had submitted that they would have to refer to the merits of the appeal for arguing this appeal and consequently upon their agreement this appeal was fixed for hearing on 7. 9. 1996 on which date the appeal itself was heard on merits.

(2.) BEFORE I proceed to discuss respective contentions of the parties it may be appropriate to refer to the necessary facts giving rise to this appeal. One Shri Gauri Shankar resident of village Marara died issueless and intestate. One Balo Ram had filed suit for possession of land measuring about 20 kanals 16 marlas and one house, more clearly defined in the heading of the plaint, situated at village, Marara, District Gurdaspur. After the death of Balo Ram the present appellants were brought on record during the pendency of the suit. This land admittedly belong to Gauri Shankar who died on 6. 12. 1975 and Balo Ram had claimed as his heir being his real brother.

(3.) FOUR issues were framed by the trial Court and all the issues were decided against the plaintiffs and in favour of the defendant. The First Appellate Court in appeal confirmed the judgment and decree of the trial Court on all the issues and dismissed the appeal of the plaintiffs resulting in the filing of the present second appeal.