SANDEEP RATHI Vs. JAI PRAKASH RATHI

JUDGEMENT

(1.) RSA No. 345 of 2016 and C.M. Appl. No. 42829 of 2016 (for stay)

(2.) The facts of the case are that a total of eight brothers were co-owners to the extent of ?th share each in the total land of 11 bighas 17 biswas contained in khasra nos. 68, 69 and 70 of the Revenue Estate of Village Rajpur Khurd, New Delhi. This property owned by the eight brothers was joint ancestral property and which was inherited by the brothers from their father Sh. Layak Ram. In the year 1995, the entire land of 11 bighas and 17 biswas was said to be sold to M/s. JCT Limited through an attorney of the brothers, one Sh. Rathinder Nath Dass. None of the eight brothers questioned the execution of the sale deed in favor of M/s. JCT Limited till the subject suit was filed by the respondent/plaintiff on 31.1.2011, except the respondent/plaintiff Sh. Jai Prakash Rathi and another brother Sh. Joginder Singh who challenged the sale deed to M/s. JCT Limited pleading that Sh. Rathinder Nath Dass was not their attorney holder. Whereas the suit of Sh. Joginder Singh against M/s. JCT Limited was compromised with Sh. Joginder Singh retaining about 600 sq. yards of land against payment of certain consideration to M/s. JCT Limited, the suit which was filed by the respondent/plaintiff in the year 1996 itself against M/s. JCT Limited is still pending disposal before the civil court being then the Court of Sh. N.K. Malhotra, ASJ, North being suit no. 290/06/03. The subject suit was filed by the respondent/plaintiff pleading that the appellants/defendants being successors of one brother Sh. Suraj Bhan were trying to illegally interfere with the possession of the respondent/plaintiff for his ?th share of the suit land and which land was the ?th share of land falling to the share of respondent/plaintiff and which was never sold by the respondent/plaintiff to M/s. JCT Limited and that the respondent/plaintiff had continued to be in possession of his ?th share, and Sh. Suraj Bhan had already sold his share to M/s. JCT Limited. The subject suit was therefore filed seeking the relief of injunction against the appellants/defendants from in any manner interfering with the peaceful possession of the respondent/plaintiff of the suit land and in any manner forcibly dispossessing the respondent/plaintiff from khasra no. 70 and which was one of the khasra of total original land of 11 bighas 17 biswas comprised in khasra nos. 68, 69 and 70.

(3.) Appellants/defendants contested the suit and pleaded that the respondent/plaintiff was not in exclusive possession of the suit land and that they were co-owners of the suit land. It was also pleaded by the appellants/defendants that they had been parking their buses in the suit land as they were running a transportation business. Appellants/defendants also stated that the suit land only had a boundary wall but no gate. Accordingly appellants/defendants prayed for dismissal of the suit on both the grounds that they were co-owners of the suit land being the successors-in-interest of one brother Sh. Suraj Bhan and also that the respondent/plaintiff was not in the exclusive possession of the suit land.