DARSHAN LAL Vs. HARKESH SINGH

JUDGEMENT

(1.) This is a defendants' appeal arising out of a suit for joint possession after demolition of certain constructions.

(2.) The property in dispute is a portion of plot No. 1027. It is a part of Khewat No. 38 in village Dara Rajpura, now included in the city of Saharanpur. Khewat No. 38 was owned by one Kunwar Singh who had two sons, Nehal Singh and Shib Sahai. Nehal Singh died in the lifetime of Kunwar Singh leaving his son Harkesh Singh, plaintiff-respondent. Shib Sahai executed a will in favour of his three daughters-in-law and a daughter's son, Joti Prasad in respect of the entire property left by Kunwar Singh. In 1923 Harkesh Singh plaintiff-respondent filed a suit for possession of a half share in the properties against Joti Prasad and the daughters-in-law of Shib Sahai. Toe suit was ultimately decreed by this Court on 23-3-1927. Harkesh Singh obtained joint possession over the property in dispute. While the appeal was pending in this Court Khewat No. 38 was divided into six portions, namely, Khewat NOS. 38/1, 38/2, 38/3, 38/4, 38/5 and 38/6. Plot No. 1027 was sub-divided into four parts, Nos. 1027/1, 1027/2,1027/3 and 1027/4. We are concerned only with plots NOS. 1027/2 and 1027/4 in this appeal. On 23-10-1929 a portion of plot No. 1027/2 was sold by Joti Prasad to Darshan Lal, who was a benamidar for Puran Chand, defendant 3. On 6.2-1932 a portion of plot no. 1027/4 was sold by Joti Prasad to Bishambhar Das defendant 2.

(3.) Then the plaintiff Harkesh Singh filed a suit for partition of shares in the revenue Court in 1933. It appears that during the pendency of this suit, defendants 2 and 3 started making constructions over the plots purchased by them. The plaintiff thereupon got an order of injunction issued restraining defendants 2 and 3 from, making any constructions over the plots in dispute. Ultimately, however, the partition proceedings became infructuous.