- (1.) The plaintiffs-appellants are in appeal assailing the judgment and decree dated 19.12.2005 passed by Additional District Judge, Narnaul (hereinafter referred to as 'the lower Appellate Court').
(2.) A suit for possession was filed by the appellants claiming ownership to the extent of 1/4th of the estate of Debu Singh alias Deb Singh son of Bhagtu Singh, who is said to have died issueless.
(3.) The respondents contested the suit to say that Debu Singh was married and had a daughter, Kaushalya, from the marriage with Parbati and in view of the natural heirs, the right to succession to the estate of Debu Singh would be in their favour and the appellants had no right to his estate. On the pleadings of the parties, the trial Court framed the following issues: 1. Whether the plaintiffs and proforma defendants are related to Debu Singh as per pedigree table given under para No. 1 of the plaint OPP 2. Whether the plaintiffs and proforma defendants are entitled to the land of Debu Singh vide through judgment and decree dated 4.4.53 passed by the Sub Judge Ist Class, Narnaul and the judgment and decree dated .7.53 passed by the Additional Distt. Judge, Sangrur as alleged in the para No. 3 of the plaint OPP 3. Whether the suit is not maintainable in the present form OPD 4. Whether plaintiff has no locus standi to file the present OPD 5. Whether the plaintiff is estopped from filing the present suit by his own act and conduct OPD 6. Whether the contesting defendants have constructed well and have made improvement on the suit land, if so, to what effect OPD 7. Whether the contesting defendants are the bona fide purchase for consideration OPD 8. Whether the suit of the plaintiff is false and frivolous and defendants are entitled for special costs, as referred us/ 35 (A) CPC OPD 9. Relief.;