RAM PAT Vs. ZILE SINGH

JUDGEMENT

(1.) THE respondent-plaintiffs filed a suit praying for the issuance of a prohibitory injunction against the appellants-defendants. The object of the said suit was to restrain the appellants-defendants from effecting construction on the suit land and in case the appellants-defendants succeeded in effecting construction on the suit land, it was prayed (in the alternative) that the structure constructed by the appellant-defendant be demolished and the suit land be restored to its original position and character. Along with the aforesaid suit, the respondent-plaintiffs filed an application seeking interim directions. The aforesaid application was allowed inasmuch as the trial court directed the parties to maintain status quo in respect of the suit land.

(2.) IN the suit filed by the respondents-plaintiffs, it was alleged that they had proprietary as well as possessory rights as co-owners to the extent of 2/16 share in the suit land measuring 15 Marlas. The aforesaid claim was based on a sale deed (Exhibit P.1) dated 27.10.1975, executed in their favour by Roshan Lal. On the basis of the mutation (Exhibit PB) sanctioned in their favour on 28.1.1976 as well as the entries made in the revenue records, they claim to be in joint possession of the suit land. It was alleged by the respondents-plaintiffs, that the appellants-defendants were bent upon making structural changes in the suit land by constructing a room on a portion of the suit land forcibly.

(3.) THE trial court, in its order dated 7.6.1979 arrived at the conclusion that the respondents plaintiffs were joint owners of the suit land. The aforesaid conclusion was drawn on the basis of the sale deed dated 27.10.1975 (Exhibit P.1), after the said deed was found to be duly executed. The trial Court also arrived at the conclusion that the respondents-plaintiffs were in joint possession of the suit land. This conclusion was drawn by the trial Court on the basis of the mutation sanctioned on 28.1.1976 (Exhibit PB), Jamabandi for the year 1970-71 (Exhibit P.7), jamabandi for the year 1975-76 (Exhibit P.9) and Khasra-girdawaris for the period from Kharif 1976 to Rabi 1979 (Exhibit P.10). Despite the aforesaid conclusion drawn by the trial Court, it dismissed the suit filed by the respondents-plaintiffs.