JUDGMENT :

ASHOK BHUSHAN, J.

This appeal has been filed by the plaintiffs of Civil Suit challenging the judgment dated 16.04.2009 of High Court of Punjab & Haryana dismissing the second appeal filed by the appellant.

2. The brief facts of the case as emerged from the pleadings of the parties are:

2.1 One Badlu, who was the tenure-holder of agricultural land situate in Village Garhi Bajidpur, Tehsil and District Gurgaon, had two sons Bali Ram and Sher Singh. Sher Singh died in the year 1953 issueless leaving his widow Smt. Jagno.

2.2 Plaintiffs-appellants are descendents of Bali Ram. After death of Sher Singh, his widow inherited share of her late husband, i.e., the half of the agricultural property owned by Badlu. A Civil Suit No.317 of 1991 was filed by Nawal Singh and two others against Smt. Jagno in the Court of Sub-Judge, Gurgaon claiming decree of declaration as owners in possession of the agricultural land mentioned in the suit to the extent of half share situate in Village Garhi Bajidpur. The plaintiffs claim was that Smt. Jagno, who was sharer of the half share, has in a family settlement settled the land in favour of the plaintiffs, who were the brother’s sons of Smt. Jagno.

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