RAJ SINGH Vs. BANI SINGH

JUDGEMENT

(1.) The plaintiffs-appellants have preferred this appeal assailing the Judgment and Decree dtd. 30/10/2014 passed by the Additional District Judge, Sonepat, in Civil Appeal No. 19 of 2014, by virtue of which the appeal was dismissed by the First Appellate Court and the Judgment and Decree dtd. 29/4/2014 passed by the trial Court in Civil Suit No. 1209 of 2011/2012, has been upheld.

(2.) After receiving notice, the defendants appeared and filed their written statement raising diverse objections. It is averred in the written statement that the Dharamshala was constructed by Gulzari who was the grand-father of the plaintiffs and the defendants and after his death, all of them would inherit as per the existing law of succession. It is further stated that the defendants have also incurred expenses in maintaining Dharamshala as co-sharers. The installation of tube-well over the suit property by the plaintiffs exclusively, has also been denied. The factum of oral family settlement having taken place in the year 1986 has also been denied and it is averred that the entries in the revenue record showing defendants to be owners-in-possession of 2/3rd share of the suit property is correct.

(3.) The trial Court, on the basis of pleadings of the parties, framed following issues: