Mr. Anil Kshetarpal, J.(Oral):- The plaintiff-appellant is in Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below.

2. The plaintiff had filed a suit for declaration, permanent injunction and possession.

3. It is not in dispute that Net Ram had three sons from Smt. Jeevani i.e. Gheesa Ram, Het Lal and Manohar Lal. Smt. Jeevani had another son namely Chunni Lal from the first husband namely Nand Ram. Gheesa Ram died issueless. The mutation was sanctioned in favour of Manohar Lal, the only surviving brother as Het Lal had already died. There is no dispute between the parties with regard to the inheritance of the property by Manohar Lal from Gheesa Ram because such succession was based upon as per the Schedule, Class-2, entry (II)(3)

3. Manohar Lal suffered a decree on the basis of family settlement in favour of sons of Chunni Lal, defendant Nos.1 to 3 in the suit. Manohar Lal is defendant No.4 in this suit.

4. The plaintiff-appellant being son of Het Lal challenged the aforesaid decree and sought possession thereof claiming that children of Chunni Lal were not part of the family and, therefore, pursuant to the family settlement, Ma