L.N.MITTAL, J. - (1.) C. M. No. 10130-C of 2010 : Allowed as prayed for. Main Appeal : Plaintiffs Kuljit Singh etc. having failed in both the courts below are in second appeal.
(2.) PLAINTIFFS' case is that the suit land measuring 135 kanals 13 marlas was owned by Saudagar Singh and on his death, was inherited by his three sons namely Jaswant Singh, Balwant Singh and Dalip Singh in equal shares i.e. 1/3rd share each. Defendant Surjit Singh is son of Jaswant Singh and inherited his 1/3rd share. PLAINTIFFS no.1 to 4 are sons of Balwant Singh and inherited his 1/3rd share, whereas plaintiffs no.5 to 7 (plaintiff no.7 since deceased and represented by appellants no.7 and 8) being sons of Dalip Singh, inherited his 1/3rd share. Accordingly, plaintiffs sought joint possession of 2/3rd share of the suit land and also claimed permanent injunction restraining the defendant from alienating the suit land in excess of his 1/3rd share. The defendant admitted that Saudagar Singh was owner of the suit land. Defendant's father Jaswant Singh was son of Saudagar Singh from his wife Dhan Dai. However, after her death, Saudagar Singh brought Nand Kaur to his house and out of their relationship, Balwant Singh and Dalip Singh (fathers of plaintiffs) were born. After death of Saudagar Singh, mutation no.260 was sanctioned in favour of his three sons in equal shares but defendant's father Jaswant Singh raised dispute about it and filed civil suit in which compromise was effected and according to compromise, half share in the suit land was given to defendant's father and the remaining half share to Balwant Singh and Dalip Singh jointly. Mutation no.285 was accordingly sanctioned on 20.02.1932 on the basis of compromise decree passed in the aforesaid suit. Thus, defendant claimed himself to be owner of half share in the suit land, the remaining half share being of the plaintiffs.
(3.) LEARNED Civil Judge (Junior Division), Gurdaspur, vide judgment and decree dated 29.08.2008, dismissed the plaintiffs' suit. First appeal preferred by plaintiffs has been dismissed by learned Additional District Judge, Gurdaspur, vide judgment and decree dated 15.03.2010. Feeling aggrieved, plaintiffs have filed this second appeal.;