(1.) This Regular Second Appeal No. 1789 of 1981 has been directed against the judgment and decree dated 23-5-1981 passed by the learned District Judge, Rohtak vide which he affirmed the judgment and decree of the trial Court dismissing the suit of the plaintiff.
(2.) Following pedigree table of the parties would be relevant for the purpose of disposing of the present appeal :- The relevant pedigree table of the parties of village Agarpur (Ex. PW-5/9) is as follows:- <IMG>JUDGEMENT_161_AIR(P&H)_2007Image1.jpg</IMG> 2A. The other relevant pedigree table of the parties (Ex.PW-5/10) of village Brahi is as follows :- <IMG>judgement_161_air(p&h)_2007_NP(2)_161_AIR(P&H)_2007.jpg</IMG>
(3.) In brief, facts of the case are that Mam Chand and his uncle Dauiat Ram resident of village Chhara Tehsil Jhajjar District Rohtak were co-sharer of the agricultural land situated in village Agarpur. They gifted 1/4 share in the agricultural land to Puran son of Nathwa who was the brother-in-law of Mam Chand. The mutation in this regard was sanctioned on 22-1-1902. Puran died in 1904 and the land which stood in his name by way of gilt was inherited by Smt. Dhan kaur who was widow of Puran and sister of Mam Chand. Mutation No. 333 dated 29-9-1904 was sanctioned in her favour. Dauiat Ram also died and mutation in respect of the land in his name was also sanctioned on 29-9-1904. Mam Chand thus became the owner in possession of % share and Dhan Kaur became the owner of the land to the extent of 1/4 share.