Raj Mohan Singh, J. - (1.) Defendants are in regular second appeal against the judgment and decree dated 24.3.2008 passed by Additional District Judge, Gurdaspur, whereby, judgment and decree dated 4.9.2002 passed by Civil Judge (Sr.Divn.) Gurdaspur was partly reversed, thereby granting alternative relief to the plaintiffs for joint possession as owners to the extent of 5 kanals 13 marlas of land out of khasra number detailed in the jamabandi for the year 1981 -82 (Ex.P -3) and the said jamabandi was made part of the decree.
(2.) Plaintiffs Kuldip Singh and Gurdip Singh filed a suit for declaration to the effect that they are owners in possession of land measuring 5 kanal 13 marlas with consequential relief of permanent injunction restraining defendants No. 2 and 3 from illegally and forcibly dispossessing them from the suit land. In the alternative, the suit for joint possession as owner to the extent of 113/6797 in the joint holding measuring 239 kanals 17 marlas of land was also prayed.
(3.) Plaintiffs alleged that Gopal Singh, Gulzar Singh and deceased Kundan Singh were real brothers, who were owners of 239 kanals 17 marlas of land. Plaintiffs purchased 5 kanals 13 marlas of land from Gopal Singh vide sale deed dated 6.12.1966. Said Gopal Singh had mortgaged the same land with possession in favour of Jarnail Singh and Bhajan Singh sons of Thakur Singh vide mortgage deed dated 8.4.1965. Plaintiffs had allegedly redeemed the same from the aforesaid mortgagee and came in possession of the same. The vendor executed the sale deed in respect of specific khasra number out of total land on the strength of redemption and plaintiffs claimed exclusive possession of the land in question. Plaintiffs alleged that they remained in continuous possession as owners till the year 1981 -82 and 1986 -87. Similarly in khasra girdawari from Sauni 1982 to Harii 1992, the same possession was depicted. In the jamabandi for the year 1991 -92 entries were illegally changed showing defendants No. 2 and 3 in the column of ownership and cultivation. The said entries are claimed to be illegal and void. Plaintiffs were never dis -possessed from the suit land. Vendor Gopal Singh was un -married and he died issueless leaving behind his brother Gulzar Singh, who had succeeded the property. With this background, plaintiffs prayed for grant of declaration that they are owners in possession of 5 kanals 13 marlas of land with consequential relief of permanent injunction.;