Amit Rawal, J. - (1.) The appellant -defendants are aggrieved of the concurrent findings of facts and law, whereby, suit of the respondent -plaintiff, Nahar Singh for declaration and permanent injunction was decreed on 22.08.2008 and findings thereof are affirmed by the Lower Appellate Court, vide judgment and decree dated 27.11.2012.
(2.) It would be apt to give preface of the matter before adverting to the rival contention of learned counsel for the parties.
(3.) Boota Singh had three sons, namely, Gopal Singh, Sadhu Singh and Nahar Singh. Gopal Singh died in the year 1972. His sons are the defendants, whereas, Nahar Singh died on 27.04.2001. The controversy revolves upon the estate of Sahdu Singh, who, on 14.12.1996, died unmarried and issueless. It is a matter of record that suit was filed on 15.03.2000, whereas, Nahar Singh died on 27.04.2001 and respondent -plaintiffs concluded their evidence on 06.08.2007. Plaintiff - Nahar Singh instituted the suit claiming declaration to the effect that plaintiff is joint owner in possession of the land to the extent of 2/3 share out of total land described in the head note of the plaint and also challenged the mutation bearing Nos. 5905 dated 18.6.1999 and 5782 dated 24.06.1997 being illegal, arbitratory, null and void and for a consequential relief of permanent injunction restraining the defendants from alienating any specific portion of any specific killa number more than 1/3rd share by way of any means and methods on the premise that on demise of Sadhu Singh, succession with regard to his estate opened and since there was no Class I heir, plaintiff succeeded to the estate left by Sadhu Singh being his only Class -II heir, in accordance with the provisions of Sec. 8 of Hindu Succession Act, 1956. In paragraph 7 of the plaint, it has been stated that defendants do not have any right, title or interest in the estate left behind by Sadhu Singh but in connivance with the revenue authorities, mutations, aforementioned were sanctioned in most arbitrary manner and on the basis of the forged and fabricated Will and sought the prayer, aforementioned.;