- (1.) This second appeal has been filed challenging the validity and correctness of the judgment and decree dated 11.1.2010, passed by Additional District Judge (Special) Baghpat in Civil Appeal No. 13 of 2008, arising out of judgment and decree dated 19.4.2008, passed by Civil Judge (J.D.), IInd, Baghpat in Suit No. 5 of 2006.
(2.) Heard Sri Santosh Kumar Srivastava, counsel for the appellant, Sri Amit Kumar Singh appearing for defendant respondents and perused the record.
(3.) The facts in brief culled out from this appeal are that father of the plaintiff appellants and grand father of defendant-respondents namely Sukkhan was the recorded owner and tenure holder of land in question. After demise of Sukkhan, the plaintiff-appellants and the father of the defendant-respondents Sri Charan Singh as well as their mother Smt., Chhoti, became the owners and co-sharers of the land of khasra No. 16 area 1.9450 hectare, khasra No. 1823/1 area 1.6412 hectare, khasra No. 1823/3 area 0.1400 hectare, khasra No. 1829/1 area 0.400 hectare, khasra No. 1829/3 area 0.1567 hectare, khasra No. 1812 are 0.917 hectare and khasra No. 1043 area 0.1265 hectare of khata No. 575 total measuring area 1.0355 hectare left by Sukkhan to the extent of 1/4th share each.;