MANGE RAM Vs. RATTAN SINGH & ORS

JUDGEMENT

(1.) The present second appeal is directed against the judgment passed in RCA 9/10 by the ADJ ­ 06 (Central), Delhi, whereby the judgment delivered by the Trial Court in Suit No. 300/02/01 was affirmed. Suit No. 300/02/01 was a suit for partition and permanent injunction filed by the appellant against the defendants.

(2.) The case of the appellant/plaintiff is that he and the Respondents/defendant nos. 1 to 28 are co - owners and in joint possession of Khasra No.I/etc/652(1 -0) situated in revenue estate of village Shahabad Mohammed Pur, Delhi. Since no legal partition by metes and bounds had taken place, therefore, the property was being possessed in the light of the family arrangements. The cause for filing the suit for Partition and Injunction arose when the defendants made attempts to raise construction in the contiguous land over which the appellant/plaintiff had constructed his house in an area of 150 Sq. Yards. When a request was made to the defendants to stop construction, the appellant was threatened that property would be transferred to a third party. Under the aforesaid circumstances, the appellant/plaintiff preferred the suit primarily on the ground that the defendants had no right, title or interest to part with the possession or transfer the property. Even the demand of partition was wrongly refused by the respondents/defendants.

(3.) The defendant nos.7, 9, 13, 17, 20, 23, 24 filed their written statement contending that there is no cause of action as they were residing on suit property after a proper partition by the forefathers about 50 years ago. The grounds taken by the answering defendants was that the suit was barred by limitation. The defendants denied about any joint possession in Khasra No.652. In support of such contention, it was canvassed that the appellant has sold his house to one Khachera.