- (1.) The present regular second appeal has been directed by the plaintiffs/appellants against the judgment and decree dated 29.10.1999 passed by Mrs. Vani Gopal Sharma, learned Additional District Judge, Karnal vide which the appeal preferred by the plaintiffs against the judgment and decree dated 28.2.2001 passed by Shri K.P.Singh, learned Civil Judge (Junior Division), Karnal was dismissed.
(2.) Briefly stated the plaintiff filed suit for declaration and permanent injunction in respect of land measuring 132 kanals 19 marlas as described in the heading of the plaint. It is pleaded that defendant No.1 is recorded owner of agriculture land measuring 104 kanals 6 marlas situated in Bamberheri Tehsil Assandh District Karnal as described in para No.2 of the plaint. It is pleaded that plaintiff No.2 was recorded as owner of agricultural land measuring 55 kanals 12 marlas out of the land measuring 166 kanals 15 marlas situated in Bamberheri Tehsil Assandh District Karnal. Defendant No.2 is also recorded owner of half share of the land as per jamabandi for the year 1984-85 situated in village Bamberheri. It is further pleaded that in the year 1976 to 1979, a family settlement was arrived at between defendant No.2 and plaintiff. According to which, it was agreed between the parties that defendant No.2 is to get 137 kanals 9 marlas of land as described in para No.3 and 3(a) of the plaint. According to that family settlement defendant No.2 was given land detailed in para No.3(a) i.e. measuring 78 kanals 1 marla and the remaining land was given out of the land detailed in para No.2 of this plaint and since then the plaintiffs and defendant No.2 are in physical cultivable possession over the land detailed in para No.3(a) and para No.2 of this plaint. On 17.12.1979 defendant No.2 and plaintiffs made an exchange of land, detailed in para No.3 of the plaint in respect of share of Harphool Singh son of Lal Singh and mutation No.350 was attested in his favour. The plaintiff was given 91 kanals 10 marlas of land whereas 29 kanals 6 marlas to said Harphool Singh and in exchange taken over 162 kanals 16 marlas from said Harphool Singh. The defendant is now resisting from the said family settlement. Hence this suit.
(3.) On put to notice defendant filed written statement and took up preliminary objection that suit is not within limitation, the plaintiff has no locus standi to try the present suit, objections of cause of action, estoppel etc were also taken. Other averments made in the plaint were denied.;