PHULLI Vs. BALWANT

JUDGEMENT

(1.) This appeal has been filed by the plaintiff in a suit for permanent injunction which has been dismissed by both the Courts below. The facts of the case may in brief be noticed.

(2.) The plaintiff filed a suit giving rise to the present appeal on the averments that her father Mukhia was the owner and in cultivating possession of the suit land mentioned in para No. 1 of the plaint. Mukhia expired and she acquired the physical possession of the suit land. The defendant being strong person wants to dispossess the plaintiff. The suit was contested on the ground that the plaintiff is neither in possession of the suit land nor she has any interest in it. It is averred in the written statement that on the death of Mukhia, plaintiff along with her sisters Banti and Sarbati and her mother Parsi became owners of the suit land in equal shares. Defendant used to cultivate the suit land during the life time of Mukhia and after his death, Banti, Sarbati and Parsi had been receiving Batai from the defendant. The further stand of the defendant in the written statement was that since the plaintiff was not willing to give the land of her share to the defendant, he returned the possession of her share to the plaintiff. The suit, according to the defendant was hit by the principle of res judicata. The suit was further contested on the ground that the same was bad for non-joinder and mis-joinder of the necessary parties.

(3.) On the pleadings of the parties, the following issues were framed by the trial Court :