BRIJ LAL Vs. BABU RAM AND OTHERS

JUDGEMENT

(1.) This is plaintiff's second appeal against the judgment and decrees of the Courts below whereby his suit for declaration with consequential relief of permanent injunction restraining the defendantrespondents from alienating the suit land was dismissed.

(2.) As per the averments defendant-respondent No.1 was the owner of agricultural land measuring 1 kanal 9 marlas being 29/189 share out of total agricultural land measuring 9 kanals 9 marlas comprised in Khewat No.544, Khatoni No.779, rectangle No.105, Killa No.5 (8-0), 6/1 (1-9) situated within the revenue estate of village Nigdu, Tehsil Nilokheri , District Karnal, as per jamabandi for the year 1991-92. Out of the said land defendant-respondent No.1 sold land measuring 5 marlas i.e. 2 marlas to the plaintiff, 2 marlas to defendant No.11 and 1 marla to defendant No.10 vide registered sale deed dated 9.8.1994. Defendant-respondent No.1 also sold land measuring 12 marlas and land measuring 11 marlas out of the suit land to the plaintiff-appellant vide registered sale deeds dated 1.8.1995 and 24.5.1996. It was further pleaded that defendant-respondent No.1 was in exclusive possession over the land comprised in Rect.No.105, Killa No.6/1 (1-9) and the plaintiff-appellant was given the possession over the said khasra numbers. Thereafter, he constructed boundary wall on the said land. The defendnats No.1,8 and 9 (now respondents No.1,8 and 9) tried to dispossess the plaintiff-appellant from the suit land. Thus, he was constrained to file a suit for permanent injunction against the aforesaid defendant-respondent which was decreed on 17.11.2003. It was further pleaded that part of the suit land comprised in Rect No.105, Killa No.6/1(1- 9) is located on metalled road whereas the part of the suit land comprised in Rect No.105 Killa No.5(8-0) is located on the backside and has no proper access to road. Defendant-respondents No.1,8 and 9 in connivance with revenue officials got bifurcated khewat No.544 into two khewats bearing khewat No.592 and 593, while preparing the jamabandi for the year 1996-97. The bifurcation of the said khewat is illegal, null and void and has been done to deprive the appellant of his valuable right of ownership of land located on metalled road comprised in killa No.6/1 (1-9). Under the garb of the bifurcation into two khewats, defendant-respondents No.1,8 and 9 are bent upon to alienate land comprised in killa No.6/1 (1-9), which is in the exclusive possession of the plaintiff-appellant.

(3.) Upon notice none appeared on behalf of Defendants No.1,10 and 11 and as such they were proceeded against ex parte. Defendants No. 2 to 9 filed written statement raising various preliminary objections. On merits, it was denied that plaintiff-appellant had become owner in possession of the land measuring 1 kanal 5 marlas. It was further denied that he was given exclusive possession over Khasra No.6/1 (1-9) by defendant No.1. The construction of boundary wall over the land in dispute was also denied. It was pleaded that khewat No.544 was bifurcated into two khewats by the revenue authorities as per law and the defendants had every right to alienate their share in the land measuring 1 kanal 9 marlas. Rest of the contents of the plaint were denied and dismissal of the suit was prayed. On the basis of pleadings of the parties, the following issues were framed by the trial Court:-