- (1.) The present appeal has been preferred by the plaintiffs against the judgment and decree dated 29.07.2015 passed by the learned District Judge, Kapurthala, vide which the appeal preferred against the judgment and decree dated 15.01.2013 passed by the learned Addl. Civil Judge (Sr. Division), Phagwara has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) The appellants-plaintiffs have filed the suit for declaration and permanent injunction on the grounds inter alia that they and defendant no.7 are owner in possession of the suit land in equal share, which they inherited from their ancestors. In the partition proceedings Khasra No.735/3(4-9), which was in the exclusive possession of the plaintiffs and defendant no.7, was also included and the said khasra number was divided in two khasra numbers i.e. 735/3/2(3-13) and 735/3/1(0-16). The land measuring 16 Marlas of the plaintiffs and defendant no.7 has been wrongly allotted to the defendants no. 1 to 6 in the partition proceedings. The plaintiffs have not contested the partition proceedings as they were away to Uttar Pradesh and they came to know about the division of the aforesaid khasra number into two parts after obtaining the copy of jamabandi. Now, defendants no.1 to 6 are threatening to alienate the suit land and to take the possession thereof on the basis of wrong entry in the revenue record. Hence the suit.;