BHAGWAN RAM Vs. BRIJ LAL

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs Bhagwan Ram and Prem Chand have filed the present appeal and it has been directed against the judgment and decree 2.6.1999 passed by the Additional District Judge, Sangrur who affirmed the judgment and decree dated 22.9.1995 passed by Sub Judge Ist Class, Sunam who dismissed the suit of the present appellants. Some facts can be noticed as follows :

(2.) PLAINTIFFS filed suit for declaration and mandatory injunction and possession alleging that the appellant No. 1 has 2/9th share and the appellant No. 2 has 1/9th share in the suit land measuring 6 kanals 15 marlas. The said land is near the abadi deh of the village and the appellants are in possession of the suit land. It is alleged that appellants No. 1 and 2 are in joint possession of the suit land. It is further alleged that the appellant and defendants No. 1 and 2 were in possession as co-sharers and no partition has been effected between the parties in respect of the same and as such parties are in joint possession of the suit land. It is further alleged that defendants No. 1, 2 and Vidya Devi daughter of Budh Ram who was father of the appellants had illegally sold the suit land to defendants No. 3 to 7. The said defendants had forcibly raised construction on the share of the appellants. It is further alleged that the appellants are entitled to joint possession of the suit land by removal of the construction raised thereon.

(3.) FROM the pleadings of the parties the Trial Court framed the following issues :-