RSA No.3884 of 2004 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3884 of 2004 Date of Decision: 11.8.2009 Karan Singh and another ......Appellants Versus Amar Singh and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Rajinder Goyal, Advocate, for the appellants. Shri Girish Agnihotri, Senior Advocate, with Ms. Vinay Jeet Sheoran, Advocate, for the respondents. HEMANT GUPTA, J. (Oral). The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration to the effect that the plaintiffs are owners in possession of 2/7th share whereas the proforma respondent-defendants No. 2 to 5 are owners in possession of 4/7th share and defendant Nos. 6 to 8 are owners in possession of 1/7th share of the total land measuring 75 kanals 10 marlas, being legal heirs of Mankori, was dismissed. Mankori wife of Hari Ram was owner of the land measuring 75 kanals 10 marlas situated in Moja Sai, Tehsil and District Bhiwani. Hari Ram had a sister by the name of Gauran. Gauran had a son namely, Amar Singh from her husband Manohar Lal. Mankori has suffered a consent RSA No.3884 of 2004 (2) decree in favour of Amar Singh son of her husband's sister on 15.5.1982 in respect of her entire land. The said decree is challenged by the appellants, who are the grandsons of Binja, brother of father of Hari Ram. Such suit has been dismissed by both the Courts below. The learned trial Court has recorded a finding on issue No.1 that the plaintiffs have admitted the fact that Kheta Ram had two issues, Hari Ram and daughter Gauran and that defendant No.1 is son of Gauran. It was, thus, held that the plaintiffs have failed to prove that they along with defendants No. 2 to 8 are owners in possession of the land in dispute being the legal heirs of deceased Mankori i.e., grandsons of brother of her father- in-law. It has been found that the self serving statements of the plaintiffs are not sufficient to return a finding that the judgment and decree suffered by Mankori is void as Amar Singh defendant No.1 is a member of the family of the deceased in view of the judgment of the Hon'ble Supreme Court in Kale and others v. Deputy Director of Consolidation, AIR 1976 SC 807. Such decree has been affirmed in appeal as well. Learned counsel for the appellant has argued that in the proceedings leading to the decree dated 15.5.1982, defendant No.1 has asserted himself to be adopted son of Mankori, whereas such relationship is denied in the present case. Therefore, the decree obtained by defendant No.1 against Mankori is based upon incorrect facts. The said argument is wholly untenable. Even if defendant No.1 is not the adopted son of Mankori, but still he is the nearest heir of Mankori than the plaintiffs, who are the grandsons of brother of her father-in-law. In the presence of the nearest heirs, the plaintiffs who are the collaterals cannot dispute the sufferance of decree by Mankori. RSA No.3884 of 2004 (3) It is further argued that the defendants have admitted that the plaintiffs are in possession of the suit land. Therefore, the suit for declaration that the plaintiffs are the owners and in possession, should not have been dismissed. I do not find any merit in the said argument. The plaintiffs have claimed declaration of their title being nearest heirs of Mankori. However, the said plea has been found to be not tenable. Therefore, even if the plaintiffs are in possession, it would be that as trespasser and, therefore, the plaintiffs have been rightly found not entitled to any declaration and injunction. Consequently, I do not find any patent illegality or material irregularity in the finding recorded or that the finding recorded gives rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed. (HEMANT GUPTA) JUDGE 12.8.2009 ds