Judgment

Mrs. Alka Sarin, J.

The present appeal has been preferred by the defendant-appellants against the judgment and decree dated 03.11.2004 passed by the Trial Court and the judgment and decree dated 18.10.2005 passed by the First Appellate Court decreeing the suit filed by the plaintiff-respondents.

2. The plaintiff-respondent No.1 filed a suit for declaration and permanent injunction averring that he is the owner in possession of the estate of his real brother, Parkash Singh, who died issue-less and widow-less. As per the plaintiff-respondent No.1, Parkash Singh son of Basant Singh son of Atra resident of Haripur was owner in possession of 1/5 share out of Khewat No.61, 116, 284 and 1/10 share out of Khewat No.308 and 1/15 share out of Khewat No.317 and 1/5 share out of Khewat No.449. Parkash Singh died on 22.03.1995 leaving behind the plaintiff-respondent No.1 and defendants No.4 and 5 as his only legal heirs. The plaintiff-respondent No.1 and defendants No.4 and 5 are the real brothers of Parkash Singh. Parkash Singh died intestate and never executed any will and thus after the death of Parkash Singh the plaintiff-respondent No.1 and defendants No.4 and 5 are owners in possess