PREMWATI Vs. RAGHUBANS

JUDGEMENT

(1.) [Ed. facts : Plaintiff bought suit land from one Sukhbir Saran by a registered sale deed on 19.12.68. Claiming that Defts. had trespassed into the land on 24.12.68, she sued them for possession and damages for use and occupation. Defts. in their w/s denied plaintiff to be owner contending that they and 13 others were owner of the land. Trial Court held that plaintiff had proved her ownership and that Defts. had failed to show that they were owners and decreed the suit. In appeal, it was held that plaintiff was only a co-owner and suit by her alone was not maintainable. She filed R.S.A.] After detailing above, it was held :

(2.) It is to be noted that in the lower appellate court the respondents did not assert or urge against the findings of the learned trial court that the defendants are not the owners of the land in question.

(3.) Before me in the second appeal, the only question which I need to decide, is whether a co-owner can maintain suit for possession against trespassers. In view of what is stated hereafter, other points are not being considered.