THAKAR DASS Vs. SURJIT SINGH

JUDGEMENT

(1.) The plaintiffs-respondent Nos. 1 and 2 had filed a suit for possession by way of partition of the property measuring 477.7/9 square yards which was fully detailed in the plaint. It was pleaded that they along with their brother Chand Singh (since deceased), who was impleaded as defendant No. 2 in the suit, were owners of the suit property in equal shares; and that Chand Singh sold his l/3rd share out of the property to Thakar Dass (since deceased and represented by his legal representatives), who was arrayed as defendant No. 1, on 6.12.1986. Since the plaintiffs wanted partition of the suit property, they approached the Court.

(2.) Thakar Dass put in appearance and filed his written statement admitting that the plaintiffs and Chand Singh had purchased the property in dispute in equal share vide sale deed dated 4.4.1967 and that Chand Singh was having l/3rd share in it which was sold to him on 6.12.1988. It was pleaded that he was a tenant in the suit property since long and had taken it from the plaintiffs and Chand Singh and also raised construction thereon; that he had spent Rs. 70,000/- on improvement of the suit property and that if the suit for partition is decreed, then the plaintiffs were not entitled to eject him from the portion which falls to their shares because he was tenant in the entire suit property. It was further pleaded by Thakar Dass that he could be evicted from the suit property only on the grounds which are available to the landlords under the provisions of the Rent Act as he was a statutory tenant. He also disputed the measurement of the area which was described as suit property as it did not conform to the measurements given in the sale deed dated 4.4.1967 and also pleaded that the suit was not maintainable.

(3.) Replication was filed by the plaintiffs denying any construction having been raised by Thakar Dass on the suit property. It was pleaded that they had raised construction over the suit property after getting the site plan sanctioned from the municipal authorities.