BACHNA RAM Vs. BIKHA RAM AND ORS

JUDGEMENT

(1.) Plaintiff is in second appeal in a suit for mandatory injunction in which he has sought a direction to the defendants to hand over vacant possession of the house consisting of two pucca and one kachha room, Sehan constructed in Khasra No. 187, Khewat/Khatoni No. 267/413, situated at village Taharpur Kalan, Tehsil Chhachhrauli, District Yamuna Nagar.

(2.) A few skeletal facts necessary to invoke basic legal contentions only are noticed:

(3.) In reply, the defendants have pleaded that in the year 1972, plaintiff, defendant No. 1 and their brothers Mohan Lal and Sadhu Ram were living jointly having a joint mess but the plaintiff who used to manage the family affairs secretly got a sale deed executed and registered in his own name. It is claimed that on 2.6.1975 a family settlement took place amongst all the four brothers which included their residential property in abadi land. In the said family settlement, the suit land fell to the share of defendant No. 1 and plaintiff and other brothers, namely Mohan Lal and Sadhu Ram got abadi land of village Taharpur Kalan. It was further claimed that one Kacha Room and a Chhappar out of his own funds and in the year 1990, Indira A was Harijan Colony, was carved out by the Government of Haryana, and according to this Scheme, benefit was given to 20 persons belonging to Harijan Community including defendant No. 1, whose names are mentioned in resolution No. 1 dated 15.7.1990 of Gram Panchayat, Taharpur Kalan and their pucca houses were constructed in the suit land under the said scheme. It is also alleged that electric connection is also mere in the name of defendant No. 2.