IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 21.05.2025 Pronounced on : 01.07.2025 JAI PAL SINGH AND ORS .... Appellants VERSUS SHEORAJ SINGH AND ORS .... Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Krishan Singh, Advocate for the appellants.

Mr. Amit Jain, Advocate for the respondents.

ALKA SARIN, J.

1. The present regular second appeal has been preferred by defendant-appellants aggrieved by the judgment and decree dated 13.03.1992 passed by the learned First Appellate Court reversing the judgment and decree dated 21.10.1989 passed by the learned Trial Court.

2. Before adverting to the facts of the case, a pedigree table is reproduced hereinunder for a clearer understanding of the relationship between the parties :

Tuhi Ram |

Hardev ________________________________________|____________________________________________________

| | | | |

Debi Singh Bane Singh Shera Munshi – Ram Dei Sardar-Kalawati | (Died issueless) (Died issueless) (Died issueless) (Widow) | (Widow) | (Pre-deceased | (D-4/A-4)

| Bane Singh) |

______|___________________________________________________________________ |

| | | | | | | |

Sheo Raj Ram Chander – Shakuntala Sheo Bai Lila Wati Mahak Bai Ram Bhateri Har Piari | (P-1/R-1) (P-2/R-2) (D-7) (D-8) (D-9) (D-10) (D-11) |

| |

____________|_____________________ __________________________________|__________________

| | | | | | | | |

Jitender Pradeep – Mamta Sunita Poonam Jai Pal Het Ram Mir Singh – Kalawati Basanti Prem Wati ____________|_______ (D-1/A-1) (D-2/A-2) (D-3/A-3) (D-5/A-5) (D-6/A-6)

| | |

Sangeeta Gaurav Sapna *A denotes Appellant *D denotes Defendant *P denotes Plaintiff

3. The brief facts relevant to the present case are that the plaintiffs, who are the children of Debi Singh, filed the present suit for declaration with consequential relief of permanent injunction claiming themselves to be owners in possession along with defendants No.7 to 11 of half share of the estate left by Bane Singh i.e. half of 1/4^th share besides their own 1/4^th share in the land in dispute and further that the revenue entries were illegal, wrong and not binding on the rights of the plaintiffs with consequential relief of permanent injunction restraining the defendant-appellants from mortgaging or alienating the suit land.

4. It was the case set up by the plaintiff-respondents that the parties are descendants of Hardev Singh son of Tuhi Ram. Hardev Singh had five sons, namely, Debi Singh, Bane Singh, Shera, Munshi and Sardar. Bane Singh, Shera, and Munshi died issueless. The defendant-appellants are the sons of Sardar and the plaintiff-respondents and defendant-respondents are the sons and the daughters of Debi Singh. It was averred in the plaint that the plaintiff-respondents’ father and the father of the defendant-appellants were joint owners along with three other brothers of agricultural land measuring 11 Bighas 5 Biswas situated in Village Khandsa, Tehsil and District Gurgaon, as fully described in the plaint. Bane Singh pre-deceased Debi Singh and Sardar and on the death of Bane Singh, the father of the plaintiff- respondents and the father of the defendant-appellants succeeded to his share equally being his collaterals. It was averred that though the share of Bane Singh was inherited equally by Debi Singh and Sardar in equal shares however, the defendant-appellants in collusion with the revenue authorities got mutated 2/3^rd share out of the share of Bane Singh in their name and the remaining 1/3^rd share was mutated in the name of the plaintiff-respondents and the defendant-respondents. It was further the case that the defendant- appellants on the basis of the wrong entries were threatening to alienate the suit land to which they had no right, title or interest.

5. The defendant-appellants herein filed a joint written statement raising various preliminary objections qua maintainability and that the plaintiff-respondents were estopped by their own act and conduct, omission, acquiescence and admis