Judgment

1. This appeal is by the plaintiff against the judgment and decree dated 08.02.2017 whereby suit for declaration and injunction has been dismissed by the District Judge, Jammu.

2. The case of the appellant is that he purchased land measuring 3 kanals and 2 marlas out of Khasra No. 192 min, Khata No. 1 min and Khewat No. 1 situated at Channi Rama, Tehsil and District, Jammu vide Sale Deed executed on 09.05.1994 and registered on 10.05.1994 by the Munsiff (Sub-Registrar), Jammu.

3. It is not disputed that Kapoor Singh and Puran Singh were the owners of Khasra No. 192 min measuring about 281 kanals having equal share in it being real brothers. Kapoor Singh died earlier and his share devolved upon his heirs including his sons, Joginder Singh and Shamsher Singh, as per mutation No. 702. Both of them sold the suit land to the appellant as per Sale Deed EXPWVNB. Puran Singh also died after the death of Kapoor Singh and his share was inherited by his legal heirs including his son, Viyas Singh, who sold land measuring 1 kanal out of Khasra No. 192 min vide Sale Deed dated 29.04.2006 in favour of Des Raj, father of defendant No.2, Dev Raj.

4. The appellant challenged the Sale Deed m