- (1.) Defendants no. 2 and 3 Jhabu Singh and his son Surat Singh have filed this second appeal.
(2.) Suit was filed by respondent no. 1 Banwari Lal (plaintiff no. 1) and his mother Smt. Gindori (plaintiff no. 2 since deceased and represented by respondent no. 1 and proforma respondents no. 3 and 4 as her legal representatives) against Sardara respondent no. 2/defendant no. 1, appellants as defendants no. 2 and 3 and against proforma respondents no. 3 and 4 as proforma defendants no. 4 and 5.
(3.) Mahasukh had three sons i.e. Sita Ram (predecessor of plaintiffs and proforma defendants), Sardara defendant no. 1 and Jug Lal. Jug Lal died unmarried and issueless on 28.11.1980 whereas Sita Ram died on 5.4.1981. The dispute in this lis relates to share of Jug Lal in the suit land. All the three sons of Mahasukh were owners of 4 kanals land in all being 1/6 th share of 24 kanals described in the plaint. The share of Jug Lal was about 1 kanal 7 marlas. On his death, the said entire share of Jug Lal has been mutated in favour of Sardara defendant no. 1 only vide mutation no. 947 dated 6.5.1982.;