- (1.) THIS appeal has been filed by the defendant against the judgment and decree of the Senior Subordinate Judge, Amritsar, dated March 24, 1972.
(2.) THE following pedigree table will be helpful in understanding the facts of the case, VIR SINGH Rami Sham Wasakha Ram Sunder P1ff. Singh Singh Singh Singh (daughter) (son) (son) (deceased) (deceased) P1ff. P1ff. | | Ujagar Hukmi Singh (Widow) Deft. The property in dispute belonged to Sunder Singh deceased. After his death Smt. Hukmi inherited it. She died in the year 1960. The plaintiffs claimed that they were entitled to whole of her property being the brothers and sister of her husband. It is alleged that Ujagar Singh defendant took forcible possession of 1/4th share of the land and got mutation sanctioned in his name. Consequently the present suit has been filed by them for 1/4th share of the land.
(3.) THE suit was contested by the defendant who inter alia pleaded that the plaintiffs were estopped by their conduct from filing the present suit and that the suit was barred by limitation. The other pleas taken by the defendant are not relevant for the purpose of the decision of the present appeal. The learned trial Court held that the plaintiffs were not estopped by their conduct from filing the suit and that the suit was within limitation. It consequently decreed the suit of the plaintiffs. The defendant went up in appeal before the Senior Subordinate Judge, Amritsar, who affirmed the judgment and the decree of the trial Court. He has come up in second appeal to this Court.;