SARUP SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) THIS appeal by the plaintiff/appellants is directed against the judgment and decree dated 7.8.1991, passed by the learned lower appellate Court, vide which suit filed by the plaintiff/appellants for mandatory injunction directing the defendant to remove super-structure and unauthorized construction over the suit property i.e. land measuring 1 Kanal bearing Khewat No. 120, Khatauni No. 216 Khasra No. 188 Min, as entered in the jamabandi for the year 1970-71 within the Municipal Committee limit of Mukerian, as detailed in the head-note of the plaint, was dismissed.

(2.) THE plaintiffs filed a suit on the pleadings, that the land measuring 1 Kanal bearing Khewat No. 120, Khatauni No. 216 Khasra No. 188 Min, as entered in the jamabandi for the year 1970-71 in village Tikhowal is recorded as abadi. The land was said to be joint property of all the proprietors according to their ancestral shares.

(3.) THE suit was contested. The defendant admitted, that he had no right in the suit land, but it was asserted that the construction in the said plot was not raised by him but the building was constructed by Smt. Narinder Kaur. Therefore, it was pleaded that Smt. Narinder Kaur was necessary party in the case, but as she was not pleaded as a party the suit deserved to be dismissed. He took the additional objection that the suit was bad for nonjoinder of necessary party, therefore, special cost of Rs. 1,000/- (Rupees one thousand only) was also claimed.