L.N.MITTAL, J. - (1.) CHOTTI -Plaintiff has filed the instant second appeal, after remaining unsuccessful in both the Courts below.
(2.) PLAINTIFF -appellant and defendant Nos.4 to 9 (respondent Nos.13 to 18) are daughters of Harchand Mal alias Harchand Singh whereas defendant Nos.1 to 3-Madan Lal, Roshal Lal and Nasib Chand are sons of Harchand Mal alias Harchand Singh. Defendant No.1-Madan Lal had since died and is represented by respondent Nos.1 to 10 as his legal representatives whereas defendant Nos.2 and 3 are respondent Nos.11 and 12 herein. The dispute relates to inheritance of the suit land left by Harchand Mal alias Harchand Singh. Case of the plaintiff-appellant is that all the sons and daughters of Harchand Mal alias Harchand Singh i.e. both the parties inherited the suit land in equal shares i.e 1/10th share each. Accordingly, the plaintiff sought permanent injunction restraining defendant Nos.1 to 3, who claimed themselves to be exclusive owners of the suit land, from alienating the same without getting it partitioned. Defendants No.1 to 3 set up registered Will dated 01.01.1985 executed by Harchand Mal alias Harchand Singh in favour of defendant Nos.1 to 3. Accordingly, they claimed to be exclusive owners in possession of the suit land. However, relationship between the parties was admitted. Defendant Nos.5 and 7 to 9 admitted the claim of the plaintiff whereas defendant No.6 was proceeded ex parte.
(3.) LEARNED Civil Judge (Senior Divison), Mansa vide judgment and decree dated 07.04.2008 dismissed the plaintiff's suit. First appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Mansa vide judgment and decree dated 07.08.2009. Feeling aggrieved, plaintiff has preferred the instant second appeal.;