SOHAN LAL Vs. MAINA DEVI

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgment and decrees of the Courts below, whereby their suit for permanent injunction restraining the defendant -respondents from forcibly dispossessing or interfering in their possession over the suit land was dismissed.

(2.) BRIEFLY stated, as per the averments, the suit land of the plaintiffs was in joint ownership with Ujagar Singh and others and no partition had ever taken place. They had constructed a Haveli at their own cost in Khasra No.98 measuring 1 kanal 7 marlas and were using the same to the exclusion of other co -sharers. Defendants were claiming that they had purchased a part of the suit land from the real uncle of the plaintiffs and were threatening to dispossess the plaintiffs forcibly and illegally. Hence this suit.

(3.) UPON notice, the defendants filed written statement contesting and controverting the allegations. It was further submitted that the plaintiffs were not in possession of any part of the suit land and entire construction along with the land belongs to the defendants. The defendants had purchased the suit land from Chain, who was owner in possession to the extent of 1/3 share and the plaintiffs had no concern with the same. On merits, the defendants denied the allegations of the plaint specifically. It was further alleged that the partition had already been effected. Dismissal of the suit was prayed for.