Rakesh Kumar Jain, J. - (1.) THIS appeal is at the instance of defendants no. 1 to 4 against the judgment and decree of both the Courts below by which suit filed by the plaintiffs for declaration that the judgment and decree dated 13.06.1984 passed in Civil Suit No. 729 of 1984 in their favour by Nand Lal is illegal because the property in dispute is ancestral in nature and could not be alienated without any legal necessity. Defendants no. 1 to 4 denied the nature of the suit property to be ancestral and asserted that they have become owners of the suit property by way of a decree on the basis of a family settlement because defendant no. 1 is also the son of Nand Lal and defendants no. 2 to 6 are the sons and daughter of defendant no. 1.
(2.) ON the pleadings of the parties, the following issues were framed by the learned Trial Court: - 1. Whether the judgment and decree dated 13.06.1984 in Civil Suit No. 729 of 1984 are illegal, void, in -effective against the interest of the plaintiff and are liable to be set aside? OPP. 2. Whether the defendants nos. 1, 5 and 6 along with the plaintiffs are owners in equal shares in the suit land? OPP. Whether the plaintiffs are entitled to the possession of the suit land, as alleged? OPP.
(3.) WHETHER the suit is not maintainable in the present form? OPP.;