RAJIVE BHALLA, J. - (1.) THE appellants challenge judgment and decree dated 17.10.1985 passed by the Sub Judge 11nd Class, Panipat, dismissing the suit for declaration and joint possession filed by the plaintiff -respondents and judgment and decree, dated 11.8.1986 passed by the Additional District Judge, Karnal, dismissing the appeal filed by the appellants.
(2.) BEFORE proceeding to record the submissions made by counsel for the parties and recording opinion thereon, it would be appropriate to briefly set out the facts: - The plaintiff -respondents filed a suit for declaration/joint possession by pleading that the land, in dispute, was ancestral property in the hands of their grand father Niadar, who had two sons, Lal Singh and Bhaya. Lal Singh, pre -deceased, Niadar leaving behind the plaintiffs, his widow and daughter. The land, in dispute, was ancestral joint hindu family property in the hands of Niadar. During his life time, Niadar gave 45 Kanals -09 Marlas to Lal Singh as latter's share in the ancestral joint hindu family property and therefore, the plaintiffs are owners in possession being legal heirs of Lal Singh, pre -deceased son of Niadar. The plaintiffs also alleged that in denial of their rights, the defendant -appellants have set up a will dated 15.7.1977, whereby Niadar is alleged to have bequeathed the entire property in dispute, including the share of Lal Singh, in their favour. In response to averments in the plaint, the defendant - appellants denied any relationship of the plaintiffs with Lal Singh, raised a plea of res judicata and estoppel; challenged their locus standi to file the suit; averred that the pedigree table is incorrect and denied that the property was ancestral joint hindu family in the hands of Niadar, denied any partition or entrustment of any part of the land to Lal Singh and pleaded that as Niadar was exclusive owner of the suit land he was competent to bequeath the suit land by way of a will.
(3.) THE plaintiff -respondents filed a replication whereafter the trial court framed the following issues: - " 1. Whether the plaintiffs are legal heirs of Lal Singh @ Lalu son of Niadar?OPP 2. Whether the suit land was ancestral joint Hindu family property in the hands of Niadar deceased; if so, its effect?OPP 3. Whether the alleged will dated 15.7.77 executed by Niadar is illegal, null and void and not binding on the plaintiffs?OPP 4. Whether the suit for mere declaration is not maintainable in the present form?OPD 5. Whether the suit is barred by the principles of res judicata?OPD 6. Whether the plaintiffs are estopped from filing the present suit by their own act and conduct?OPD 7. Whether the suit is bad as alleged in preliminary objection No.7 of the written statement?OPD 8. Whether the plaintiffs have no locus standi to file the suit?OPD 9. Whether the defendants and Niadar are Jat by caste and are governed by customary law? If so, its effect?OPD 10. Relief. ;