SARDAR SINGH Vs. RANBIR

JUDGEMENT

(1.) The unsuccessful defendant No. 1 is in appeal to assail concurrent findings recorded by the courts whereby suit for possession filed by the respondents-plaintiffs was decreed by the trial court vide judgment and decree dated 22.4.2011 that came to be affirmed in appeal by the Additional District Judge, Sonepat vide decree and judgment dated 1.8.2012.

(2.) The respondent-plaintiff, Rati Ram son of Mange Ram (since deceased) claimed himself to be owner in possession of plot No.39/458 measuring 136 square yards situated in abadi deh of village Mandori, Tehsil and District Sonepat, detailed in para 1 of the judgment of trial court. It is pleaded that the suit plot was allotted to Sh. Mange Ram son of Ranpat in civil suit No. 54 decided on 28.3.1960 titled "Tek Chand etc. vs. Risala etc." by the court of Sub Judge Ist Class, Sonepat. The father of plaintiff laid foundation of the plot after filling the same with earth. He was using it as gitwar for taking fuel woods, fodder, tethering cattle and preparing cow dung cakes. The defendants are owners in possession of plot bearing No. 38 measuring 633 square yards situated in the abadi deh of village Mandori towards Northern side of the plot in dispute. Plot No. 38 was allotted to Sube son of Chandgi and Risal Singh son of Jug Lal. The defendants filed civil suit No. 393 of 98/2000 for permanent injunction regarding plot No. 38, decreed vide judgment and decree dated 28.2.2005 by the trial court. The appeal filed against the said decree was dismissed by the Additional District Judge, Sonepat vide decree and judgment dated 30.7.2005. In the said suit, it was held that Sardar Singh and Om Parkash were owners in possession of plot No. 38 and the present plaintiff (defendant in earlier suit) was owner in possession of plot bearing No. 39/458 measuring 136 square yards and both the parties were held entitle to remain in possession of their respective plots and barred from interfering in possession of plot of the other party. The decision of the appellate court was upheld by the High Court of Punjab and Haryana in RSA No. 3819 of 2005 decided on 27.2.2006.

(3.) The appellant-defendants filed the written statement raising preliminary objections regarding maintainability, locus standi, cause of action, estoppel, limitation, concealment of true and material facts, nonjoinder and misjoinder of parties and suit being under valued. It is averred that on partition of abadi deh of the village on 28.3.1960, plot No. 39/458 measuring 136 square yards was allotted to Bharat Singh and in place of the said plot, the plaintiff was allotted plot No. 465/442 in an objection petition filed therein on the basis of old possession of Bharat Singh over plot No. 39/458. The legal heirs of Bharat Singh sold it to Suresh son of Khazan Singh vide registered sale deed. From Suresh, Sardar Singh purchased 17 feet of the said plot and included it in plot bearing No. 38. They denied the plaintiff to be owner or in possession of plot No. 39/458 with the averments that its dimensions have not been correctly described.