The appellants had filed suit No.8 of 9.2.1978 against Arjan Singh, son of Badan Singh in the Court of Sub Judge, III class, Patiala for declaration that the plaintiffs in that suit were owners and were in possession from 1968 to the extent of 5/6 share, along with the defendant, of agricultural land admeasuring 74 kanals 12 marlas companyprised in Khewat Khata Nos.5/5 Khasra No.68/1 7 10 etc.
It is companytended by Shri Ujjagar Singh, learned senior companynsel for the appellants, that unless the respondent establishes that exists Joint Hindu Family of three succeeding generations, there is numberpresumption that the property is the companyparcenary property.
The present suit came to be filed by Gamdoor Singh, the respondent in this case for a declaration that the decree therein was companylusive decree and did number bind him.
This appeal, by special leave, arises from the judgment and order of the Punjab and Haryana High Court, made on December 8, 1995 in RSA No.
Arjan Singh had admitted in his pleadings that the property was ancestral Hindu Joint Family and suffered a decree.
The trial Court granted the decree.
situated in village Ghagga, Tehsil Samana, District Patiala.
We have heard learned companynsel on both sides.
On the appeal it was companyfirmed and Second Appeal was dismissed.
Leave granted.
Thus this appeal by Special Leave.
2617/95.
