BALWAN SINGH (SHRI) Vs. SHRI JAIPAL SINGH (DELHI)

JUDGEMENT

(1.) The respondents/plaintiffs filed a suit before the Civil Court on 21st December, 1982, wherein it was prayed that a decree of permanent injunction be passed in their favour and against the appellants/defendants restraining them from interfering into the possession of the plaintiffs in respect of plot No. 383 measuring 15 Biswas situated in Village Tikri Kalan. The said plot was allotted to the respondents during the consolidation of holding proceedings. The respondents and their predecessors-in-interest are occupying the said plot as owners since the time immemorial.

(2.) The appellants listed the following defences. The plot was previously possessed by the forefathers of the parties. Both the plaintiffs and defendants belonged to same family and they were all descendants of one Bhagirath, who had two sons, namely Mukhram and Chainsukh. Mukhram had two sons, namely, Neki and Maan Singh while Chainsukh had two sons, namely, Sita Ram and Dhani. The plaintiffs/respondents are collectively entitled to th share while the appellants/defendants are entitled to 3/ 4th share. Both the appellants and respondents are in joint possession of their shares prior to consolidation proceedings. The Lal Dora land was wrongly taken into account during consolidation proceedings. Appellants, respondents etc. filed a revision petition, the situation was reverted back and the Lal Dora land was taken out from consolidation proceedings.

(3.) The trial court vide its order dated 30th July,1978 dismissed the plaintiffs' suit. The trial court held that, although, it was established that the plaintiffs were in possession of the disputed land, yet, at the same time they failed to prove that they were the exclusive owners of the suit property. It was also observed that the parties are co-owners of the disputed land, which was never partitioned. Again, it was held that a co-owner cannot claim exclusive possession as other co-owners are also entitled to have common possession in each and every portion of the land in dispute which remained in joint ownership.