- (1.) Appellant-Plaintiff No.1 Mukand Singh Gill son of Gurbachan Singh from the first wife and appellant-plaintiff No.2 Balwant Singh son of Gurbachan Singh from the second wife are aggrieved of non-granting of the declaration of the following reliefs:- (i) declaration that the plaintiffs and defendants Nos.2 to 4 are the owners of the land measuring 5B-6B( )-17B pukhta comprised in Khewat No.2284/1, Khatauni No.3121, Khasra No.1192/3 (1-3-12B), 1198/4 (0-1-11B), 1200/2 (0-8-1B), 1201/3 (1-3-2B), 1202/3 (1-8-3B), 2944/2 (1-4-8B), total land 5-8-18B Pukhta situated at village Gill No.2, Hadbast No.263m Tehsil and District Ludhiana shown in the jamabandi for the year 1985-86 and of land measuring 0-15-7 comprised in khewat No.1149/1, khatauni No.1676/1, Khasra No.1199/1 (0- 15-2B) and also of land of one third share in land out of total land measuring 2-19-4B comprised in khewat No.2282, Khatauni No.3118, Khasra No.2919 (0-7-5B), 2935 (0-0-12B), 2936 (0-0-9B), 2934 (1-10-18B) situated at village Gill, Tehsil and Disrict Ludhiana and the plaintiffs and defendants No.2 to 4 are entitled to one fifth share each on partition of the above said land after the death of Gurbachan Singh, defendant No.1 and (iv) for permanent injunction for restraining the defendant No.1 from alienating the above said suit land in any manner and defendant No.6 from further alienating the land alleged to have been sold to him by the defendant No.1.
(2.) Mr.Arun Jain, learned Senior Counsel assisted by Mr.Amit Jain, representing the appellant-plaintiffs submits that Gurbachan Singh was owner of a big chunk of land as described in the suit. On 15.6.1973, a compromise was arrived at in Civil Suit bearing No.52 of 1973 titled as "Mukand Singh Gill Versus Gurbachan Singh alias Bachan Singh" decided on 26.10.1973 and as per the said compromise, land measuring 0B-5B-19B Pukhta out of khewat/khatauni No.1550/2277 out of Khasra No.884, land measuring 0B-2B-1B Pukhta out of khewat/khatauni No.1550/2277 out of Khasra No.2934, land measuring 0B-4B-2B, Pukhta out of khewat/khatauni No.1550/2277 out of Khasra No.2944 described in jamabandi for the year 1970-71 situated in Village Gill, Tehsil and District Ludhiana has been given to them.
(3.) Mr.Jain further submits that, in fact, it was a partial partition as the contents of the compromise dated 15.6.1973 contained an element that after the death of Gurbachan Singh, particularly appellant-plaintiff No.1 would have a right to succeed to the extent of 1/5th share i.e. qua his share in the estate of Gurbachan Singh.;