MOHARI RAM Vs. BHAGWATI DEVI

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the plaintiffs against the judgment and decree, dated July 19,1979 of the Additional District Judge, Karnal, affirming the judgment and decree, dated April 1, 1978 of the trial Court dismissing four suits, that is, Civil Suits No. 521 of 1979 and 448 of 1973 and Civil Suits No. 535 of 1970 and 449 of 1973, leaving the parties to boar their own costs.

(2.) Civil suits No. 521 of 1970 and 448 of 1973 were filed by Mohri Ram, Dhalu Ram, Charan Dass, sons of Amir Chand, Shanti Devi widow, Komal Krishan and Kailash Chand sons of Shiv Dayal against Bhagwan Devi widow of Ganpat Rai and others, while Civil Suits No. 535 of 1970 and 449 of 1973 were filed by Hari Chard, Lakhmi Dass sons of Wallu Ram, Sant Lal, Mahant Lal and Balwant Rai sons of Kishan Chand against Bhagwan Devi and others. Both these suits were for declaration to the effect that alienation of land measuring 712Kanals 3 Marlas detailed in Scheduled 'A', out of 931 Kanals 2 Marlas by defendant No. 1 in favour of defendants 2 to 9 and entered in the Jamabandi for the year 1962-63 situated in Village Urlana Kalan, Tehsil Panipat, District Karnal is unauthorised, illegal and would not affect the right of succession of the plaintiffs and defendants 10 to 15, after the death or remarriage of defendant No. 1.

(3.) All the suits were consolidated by the trial Subordinate Judge vide his order, dated October 7,1971 and it was ordered that the proceedings shall be recorded in case titled 'Mohri Ram v. Bhagwan Devi, i.e. Civil Suit No. 521 of 1970.