1. JUDGMENT :-

This is a defendants appeal and has been directed against the judgment and decree dated 8-10-1985 passed by the Court of Shri A. S. Chalia, Additional District Judge, Sonepat by which he dismissed the appeal of defendant-appellants in a suit for declaration which was filed by the plaintiffs-respondents.

2 The brief facts of the case are that Sarvshri Tuhi Ram, Darma and Parbha sons of Puran filed a suit for possession to the extent of 1/2 share of the agricultural land on 14-10-1980 against the defendants, namely, Smt. Dhanno widow of Balbir Singh, (2) Bhopal, (3) Suraj Kumar and (4) Krishan, sons of said Balbir Singh, Jagmati daughter of Balbir Singh and Chattar Singh father of Balbir Singh deceased and the case set up by the plaintiffs was that Sarvshri Neki, Puran and Bhane are three sons of Raje. Smt. Parbhati at the first instance married with Bhane aforesaid and out of this wedlock Chattar Singh defendant No. 6 and Khajani were born. Tuhi Ram, Parbha and Dharma are sons of Puran. After the death of Bhane, Smt. Parbhati performed a "Karewa" with Shri Neki. Balbir Singh deceased was the son of Chattar Singh, defendant No. 6. Defendants Nos. 2, 3, 4 and 5