S.ABDUL NAZEER,J. - (1.) This appeal by the appellants-defendants is directed against the judgment and decree in RSA No. 1571of 1985 dated 31.08.2007 passed by the High Court of Punjab and Haryana, whereby the judgment and decree of the First Appellate Court has been set aside and the judgment and decree of the trial Court has been restored.
(2.) The plaintiffs filed the civil suit No. 34 of 1977 for possession of 1/6 th share of agricultural land measuring 348 kanals 14 marlas along with rights in well etc. situated in village Berli Khurd, Tehsil Rewari. It was alleged in the plaint that one Har Narain was the ancestor of the plaintiffs. He had three brothers, namely, Jag Ram, Jas Ram and Mukh Ram. All the three brothers died issueless and Har Narian became the owner of the suit property. Har Narian had four sons, namely, Udmi, Bhoru, Shadi and Murli. Murli died during the life time of Har Narain. Murli had two sons, namely, Chhaju and Chiranji, who were minors at the time of the death of Murli. One Sheo Lal son of Anta, and Makhan son of Chunna got their names entered in the revenue record showing themselves to be sons and the heirs of Har Narian. Sheo Lal and Makhan applied for partition which was stayed by the Assistant Collector First Grade, Gurgaon as in the meanwhile their title was challenged. The Assistant Collector First Grade, Gurgaon allowed the parties to get the question of title decided in the Civil Court. Therefore, the plaintiffs filed the suit for declaration to the effect that Sheo Lal and Makhan were not the sons of Har Narian and were not the co-sharers in the suit land.
(3.) This suit was dismissed by the Trial Court on 23.12.1929. The appeal filed by the plaintiffs challenging the said decree was allowed by the District Judge, Gurgaon and the decree of the Trial Court was set aside vide judgment and decree dated 21.07.1930. Sheo Lal and Makhan challenged the said decree by filing a second appeal which was allowed by the High Court in part and the case was remanded to the District Judge for fresh disposal. On remand, the parties entered into a compromise and a compromise decree came to be passed.;