- (1.) Both the courts below have dismissed the suit of the plaintiff/appellants (now represented by his legal representatives) (hereinafter referred to as the plaintiffs); hence this regular second appeal.
(2.) The case pertains to a flagrant trauma, misuse of the courts by way of bringing law suits by distorting the facts in order to avoid previous judgments passed against them.
(3.) Hazara Singh, plaintiff had filed a suit for declaration against the defendants alleging that Joginder Singh, Amar Singh and Gurbant Singh sons of Makhan Singh, now defendants Nos. 1 to 3 had 1/4 th share in the land measuring 79 kanals 10 marlas out of which, the land measuring 87 kanals 11 marlas, as fully detailed in the head-note (a) of the plaint and they have no concern with the remaining land either of sub head (a) or (b) and they are not entitled to get the land partitioned on the basis of the mutation wrongly sanctioned in their names. Plaintiff and defendant Nos. 1 to 7 are recorded to be the owners of the land as per copy of jamabandi for the year 1980-81.;