JAI LAL Vs. DHARAM PAL AND ANOTHER

JUDGEMENT

(1.) This is a Regular Second Appeal and has been directed against the judgment and decree dated 8.5.2000, passed by the Court of Additional District Judge, Jhajjar, who, partly allowed the appeal of the defendant by affirming the finding that the plaintiff is the owner of the property but his suit was dismissed on the ground that he had already been dispossessed before the institution of the suit, therefore, the suit for injunction was not legally maintainable.

(2.) Some facts can be noticed in the following manner. Shri Jai Lal plaintiff filed a suit for permanent injunction against the defendants with the plea that he and his brother Shri Mohan Lal are the owners of the suit property fully detailed in para No. 1 of the plaint. It was alleged by the plaintiff that the defendants who are strong persons are trying to occupy the suit property marked as ABCD and EFGH in the site plan attached with the plaint. It was also the case of the plaintiffs that they got the land demarcated from Assistant Collector 1st Grade on 8.10.1993. The plaintiff requested the defendants to admit their claim and not to interfere in their possession but to no effect. Hence the suit.

(3.) The suit was contested by the defendants and they have denied all the averments contained in the plaint by filing a written statement. They alleged that in fact the suit marked with the letters ABCD is a part of Killa No. 84/24/2, the owner of which is the defendant No. 2 and the suit property marked with the letters EFGH is a part of killa No. 103/10 owned and possessed by the defendant No. 1. It was also averred in the written statement that the plaintiffs have no locus standi to file the suit; that the suit is not maintainable and that the suit is bad for non-joinder of necessary parties.