- (1.) Challenge in this second appeal is to the judgment and decree dated 14.12.2012 passed by Sh. Virinder Aggarwal, Additional District Judge, Sangrur vide which the appeal preferred by the appellants/ plaintiffs against the judgment and decree dated 3.6.2008 passed by Sh. Ravinder Kumar Condal, Additional Civil Judge (Senior Division), Sangrur was dismissed.
(2.) Briefly stated, the plaintiffs appellants filed suit for declaration and possession claiming that one Baggu son of Wazira son of Budhu of Nadampur was the owner of 225 bighas, 8 biswas, who died on 13.12.1956 in village Nadampur unmarried and issuless. The plaintiffs are the successors-in-interest of said Baggu as per pedigree table whereas the Settlement Officer during the consolidation decided the Mutation No.1292 of said Baggu on 16.12.1958 in favour of entire proprietary body of the village Nadampur on the basis of Wazib-Ul-Arj without going through the pedigree table of said Baggu whereas the plaintiffs are decedents, collators, reversioners and legal heirs of said Baggu having their common ancestor Ram Chand.
(3.) The suit was contested by defendants No. 1 to 6, 9, 10, 11, 14, 15 and 16 taking preliminary objections of suit being time barred, malafide and that plaintiffs were estopped by their act and conduct. On merit, it was pleaded that plaintiffs were not heirs of Baggu.;