LALA RAM Vs. MANI RAM AND ORS

JUDGEMENT

(1.) The compendium of the facts, relevant for disposal of the present appeal and emanating from the record, is that Lala Ram son of Siri Ram appellant-plaintiff (hereinafter to be referred as "the plaintiff") filed the present suit for a decree of declaration to the effect that he is owner and in possession with a consequential relief of permanent injunction restraining his brother Mani Ram and Bhim Singh and Arjun Singh sons of Mani Ram respondent-defendants (hereinafter to be referred as "the defendants") from encroaching upon any portion of the disputed property. The case set up by the plaintiff, in brief, in so far as relevant, was that he is using the vacant disputed portion as a court-yard and the doors of his house open in it.

(2.) Levelling a variety of allegations, in all, according to the plaintiff, he is owner and in possession of the disputed portion, but the defendants started raising construction over it without any legal right. He asked them not to do so, but in vain, which necessitated him (plaintiff) to file the present suit. On the basis of the aforesaid pleadings, the plaintiff filed the suit for a decree of declaration with a consequential relief of permanent injunction against the defendants, in the manner indicated here-in-above.

(3.) The defendants contested the suit and filed the written statement, inter-alia, taking certain preliminary objections of, maintainability of the suit, locus standi and cause of action of the plaintiff and limitation etc. On merits, the defendants claimed that the plaintiff is neither owner nor in possession of any portion of the disputed property, which is owned and possessed by them (defendants). It will not be out of place to mention here that the defendants have stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.