RAM PIARI Vs. BIMLA

JUDGEMENT

(1.) Land measuring 208 kanal 14 marla was owned by one Ramji Dass who died on 16-3-1960, Ramji Dass had two wives, Smt. Bimla is Ramji Dass's daughter from second wife Sanya Devi, Ranjit Singh, Kashmir Singh, Malkiat Singh and Smt. Kanta Devi are the sons and daughter of Ramji Dass from his first wife, Smt. Bimla filed suit for joint possession against Ranjit Singh and others claiming 1/6 share in land measuring 208 kanal 14 marla belonging to Ramji Dass. After the death of Ramji Dass, the plaintiff and her mother Sanya Devi were turned out of the residential house of Ramji Dass, Ranjit Singh and other defendants took possession of the entire estate of Ramji Dass, Smt. Bimla was not aware of the mutation proceedings. She requested Ranjit Singh and others many a time to deliver her joint possession to the extent of 1/6 share in the suit land as she was also one of the co-owners with them. It was alleged in the plaint that they had been recognising her right by giving her share of the produce from time to time. In the month of August, 1987 she came to know about the sanctioning of mutation of the estate of Ramji Dass. Thereafter, she got copy of jamabandi. Finding that her name was not there in the revenue record and that she had been illegally ignored by the Revenue Officer so far as the inheritance of Ramji Dass was concerned, she filed this suit for joint possession.

(2.) Ranjit Singh and other defendant Nos. 1 to 4 contested the suit of the plaintiff urging that the suit was barred by time and that the suit for joint possession was not maintainable. After the death of Ramji Dass, relations between Sanya Devi and Ranjit Singh etc. defendant Nos. 1 to 4 became strained, Sanya Devi left the house of Ramji Dass in May, 1960 along with Bimla and married Shankar Singh resident of Ghagyal, Tehsil Dasuya, District Hoshiarpur, Ranjit Singh etc. defendant Nos. 1 to 4 took possession of the entire suit land to the exclusion of Bimla and her mother Sanya Devi and they continued to enjoy exclusive possession to the exclusion of Bimla and her mother Sanya Devi in absolute severalty to their knowledge. Since May, 1960 the possession of Ranjit Singh etc. defendant Nos. 1 to 4 had been open, hostile, adverse towards Bimla and Sanya Devi and they have been in open, hostile, continuous and peaceful possession of the land in suit as exclusive owners to the exclusion of the plaintiff and her mother Sanya Devi and they stood completely ousted from the suit land. It was further urged that they (Ranjit Singh etc.) have perfected their title to the land in suit by adverse possession. Land in suit was rightly mutated in favour of Ranjit Singh etc. defendants 1 to 4. It was denied that they ever recognised the right of the plaintiff or they gave any share of the produce to her.

(3.) Smt. Sanya Devi was impleaded as defendant No. 5 in the suit on application under Order 1, Rule 10, CPC moved by Smt. Bimla Devi.