N.V. Ramana, J. - (1.) The instant appeal is preferred by the unsuccessful defendants having been aggrieved by the Judgment and decree passed by the High Court of Punjab and Haryana at Chandigarh in regular second appeal No.465/85 dated 12.03.2008 whereby the High Court reversed the Judgment and Decree passed by the first appellate Court and consequently decreed the suit.
(2.) A few facts which are necessary to understand the controversy involved in this appeal in a nutshell are that the respondents in this appeal have filed suit for possession of the suit scheduled properties. To understand the claim of the plaintiffs in respect of the suit schedule property it is necessary to have a look at the pedigree table as submitted by the plaintiffs/respondents.
(3.) Jagan Nath was the owner of the suit property measuring approximately 12 acres of valuable agricultural land in Ludhiana. The wife of Jagan Nath predeceased him, thereafter he passed away issueless on 20.11.1977. The respondentsplaintiffs herein, are the granddaughters of Smt. Kirpo, who was the sister of father of Jagan Nath. The respondentsplaintiffs claim that by virtue of above relation as depicted in the genealogy, they are entitled to inherit the suit property belonging to Jagan Nath. It is the case of the respondents/plaintiffs that the cause of action for the suit arose when the appellantsdefendants have forcibly taken possession over the said suit property, after the death of Jagan Nath. Therefore, as being the legal heirs of Jagan Nath respondents/plaintiffs are entitled for possession over the suit property. Hence they have come up with the present suit for possession.;