AMOLAK SINGH Vs. SATENDRA KUMAR SINGH

JUDGEMENT

(1.) Heard Ms. Rama Goel Bansal learned counsel for appellant and Sri Iqbal Ahmad for respondent.

(2.) This appeal under Section 96 of Civil Procedure Code (hereinafter referred to as CPC) has come up at the instance of defendant assailing judgment and decree dated 13.02.2004 and 26.02.2004 passed by Sri N.A. Zaidi, Additional District Judge, Court no. 4, Moradabad decreeing Original Suit no. 43 of 2003 granting permanent injunction against defendant appellant restraining from interfering in property in dispute which was in possession of plaintiff.

(3.) The plaintiff Satendra Kumar Singh instituted Original Suit no. 43 of 2003 impleading Sri Amolak Singh defendant appellant as sole defendant setting up his case that property dated at the bottom of plaint was owned by late Ram Rakshpal Singh father of plaintiff in view of gift deed dated 22.02.1954 executed by Kunwar Jagannath Singh. Plaintiff's father Ram Rakshpal Singh died on 23.09.1996 leaving his widow, five sons and three daughters as legal heirs. At the time of filing suit, widow of Ram Rakshpal Singh and two sons had also died. Both these sons were unmarried at the time of death. Three daughters of Ram Rakshpal Singh had married and were staying with in-laws, outside Moradabad City. Plaintiffs' two other elder brothers with their family were residing at Varanasi and Haridwar. In the disputed house, plaintiff was residing along with his family and in some part thereof tenants were occupying the premises. No partition in respect to disputed property, owned earlier by late Ram Rakshpal Singh, has taken place between his legal heirs and entire property therefore, was in joint ownership of plaintiff and his brothers and sisters.