DHARAMWATI Vs. SATBIR

JUDGEMENT

(1.) The captioned suits have been filed for seeking a decree of possession, permanent injunction and damages against the defendants. The facts as well as the evidence in both the suits being common, I propose to dispose of the captioned two suits by a common judgment. 2. In order to dispose of these suits the following facts, which have arisen in the two cases require to be noticed. 2.1 Before I proceed further I may only indicate that for the sake of convenience I will be referring to the plaintiffs, in the captioned suits collectively as plaintiffs.

(2.) 2 The plaintiffs in the two suits are sisters. They trace their lineage in the recent past to one Sh. Rai Singh, the paternal grandfather of the plaintiffs herein. The said Sh. Rai Singh had two sons, by the name of Chandgi Ram and Akhey Ram. Chandgi Ram from his marriage with Gopali had four sons and five daughters. The fifth daughter, one Smt. Khazani passed away in 1965. Chandgi Ram and Akhey Ram were joint owners and in possession of properties bearing municipal no. 84, khasra no. 164 (3-19) and municipal no. 43 admeasuring 153 sq. yds. situate in revenue estate of village Adhchini, New Delhi - 17. On the death of Chandgi Ram in 1958 half share in the aforementioned properties was inherited by Chandgi Ram's widow Smt. Gopali and his four sons namely S/Sh. Hardwari, Sardar Singh, Raghubir Singh and Kartar Singh; along with her four daughters namely, Smt. Risali, Smt. Manohari (plaintiff in Suit No. 1263/2002), Smt. Kalawati and Smt. Dharamwati (plaintiff in Suit No. 1262/2002). Since the mother, i.e, Gopali, has also expired, her share was inherited by above named children of late Gopali and Chandgi Ram.

(3.) In 1980, the sons of Chandgi Ram, i.e., Sardar Singh and others applied for partition of Khasra No. 164. The said case was registered as case no. 37/RA/1980. The Tehsildar, Asstt. Collector, Mehrauli, New Delhi vide order dated 19.09.1980 allowed the partition. The shares of each of the co-owners were specified by virtue of this partition. Pursuant to the Tehsildar's order dated 19.09.1980, Dharamwati acquired 4 biswas of land in Khasra No. 164, being equivalent to 200 sq. yds., out of the total area of 3 bighas and 19 biswas. The other half in Khasra No. 164, equivalent to approximately 2000 sq. yds., fell to the share of Sh. Akhey Ram.