- (1.) The present regular second appeal has arisen out of judgments and decrees dated 20.10.1984 and 16.11.1987 passed by the trial Court as well as lower Appellate Court, respectively, whereby, the suit and appeal of the plaintiffs-appellants have been dismissed.
(2.) As per facts deduced from the plaint, plaintiffs-appellant through their mother, claimed the possession of the land measuring 42 kanals 1 marla described as:-"i) Land measuring 33 kanals 10 marlas bearing Khewat No.45, khatauni No.50, bearing khasra No.12/12/2, 13/1, 19/1, 22/2, 18/2, 23/1, 15/3/1, 20/12, 205, situated at village Laroya Tehsil Nawanshahr as per jamabandi for the year 1974-75. ii) Land measuring 3 kanals 12 marlas, bearing khewat No.219, khatauni No.232, bearing khasra No.20/19/1, situated at village Laroya as per jamabandi for the year 1974-75.iii) Land measuring 2 kanalas 2 marlas bearing khewat No.46, khatauni No.51, Rect. No.155, situated at village Laroya, Tehsil Nawanshahr. iv) Land measuring 2 kanals 17 marlas, bearing khewat No.48, khatauni No.53, Rect. No.62, 116, 119, situated at village Laroya as per jamabandi for the year 1974-75", inter alia, on the basis of Will dated 27.11.1957 executed by Karam Singh, who was the owner of the land, mentioned above. Karam Singh admittedly was the father of Shangara Singh and Didar Singh and the suit was instituted against Didar Singh and other respondents.
(3.) It was averred in the plaint that defendant No.1 had taken the forcible possession of the suit land during the period when they were minors and their father Shangara Singh had earlier instituted a suit challenging the Will, aforementioned and effected a compromise resulting into passing of a compromise decree dated 04.04.1970 and during said proceedings, their interest was not protected/watched by the father nor any valid permission of the Court was obtained.;