KULDIP SINGH
Ram Lok – Appellant
Versus
Bogalia – Respondent
Kuldip Singh, J.
1. The plaintiffs are in appeal against the judgment and decree dated 27.12.1999 passed by learned District Judge, Solan in Civil Appeal No. 36-S/13 of 1999 dismissing the appeal of the appellants. The parties are referred in the same manner as in the trial Court.
2. The facts, in brief, are that plaintiffs filed a suit for declaration that mutation No. 343 dated 26.8.1994 is illegal and not binding on the plaintiffs, plaintiffs No. 1 and 2 have become owners of share relinquished in favour of their predecessor by Hakim before 1960, permanent prohibitory injunction restraining defendant not to interfere in the property falling in the share of plaintiffs.
3. It is the case of the plaintiffs that parties have joint landed property in village Kuranwala, Tehsil Kasauli comprised in Khata No. 12, Khatauni No. 13 to 18, Kita 66 measuring 137 Bighas 10 Biswas and Khata No. 33 Khatauni No. 112 and 113 Kitas 14 measuring 173 Bighas 6 Eiswas Tehsil Kasauli, District Solan. Tholu was the common ancestor of the parties. Surat Ram, son of Tholu, had 6/32 share in the aforesaid property which he inherited from his father. Surat Ram had three sons, namely; Jainti, Hakim and
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