JUDGMENT :

1. The petitioner is real brother of the respondent no. 1. The respondent nos. 2 to 4 are the legal representatives of late S. Pritam Singh who was also one of the brothers of the petitioner and the respondent no. 1.

2. By virtue of sale-deed dated 17.09.2021, land measuring 17 marlas in khasra no. 74 and 03 marlas in khasra no. 78 min in village Babliana, tehsil and district Jammu came to be purchased by the petitioner so as to become its own or in possession.

3. The respondent no. 1 – Veena Kour joined by S. Pritam Singh, the predecessor-in-interest of the respondent nos. 2 to 4, came to file a civil suit for declaration for declaring the sale-deed 17.09.2001 with respect to the aforementioned land in favour of the petitioner as being a benami transaction and further declaring them to be the actual owners in respect of the aforesaid land with consequential relief of restraining the petitioner from transferring the said land in any manner, raising any sort of construction or causing interference in their peaceful possession. This suit came to be taken on file no. 139/Civil of the court of the learned City Judge, Jammu and is the one in issue herein.

4. On 14.03.2008, the re