SURESHWAR THAKUR
Shankar Lal – Appellant
Versus
Ramesh Chander – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Under concurrently recorded impugned renditions of both the learned Courts below the suit of the plaintiffs for declaration besides for relief of permanent prohibitory injunction qua the suit property besides qua the defendants stood decreed. The defendants stand aggrieved by the concurrently recorded renditions of both the learned Courts below wherefrom they for seeking their reversal institute the instant appeal herebefore.
2. The facts necessary for rendering a decision in the instant appeal are that Ram Rakha died on 4th December, 1983 leaving behind the plaintiffs as his heirs. The plaintiffs and Ram Rakha were living at Lalgam in Jammu and Kashmir. The defendant No.2 took undue advantage of the absence of plaintiffs and their predecessor in interest colluded with revenue officials and Ram Swaroop and Karam Chand etc. moved application for mutation of suit land in their favour after the death of Ram Rakha and defendant No.2 succeeded in getting entered and attested the mutation in respect of suit land in her favour vide mutation No.125 on 24.12.1994 behind the back of the plaintiffs. The defendant No.2 sold some part of the land to defendant No.1 v
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