JAGIR SINGH Vs. DALBIR SINGH & ANOTHER

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff against the concurrent findings of the Courts below whereby his suit for separate possession and permanent injunction had been dismissed.

(2.) The case of the plaintiff was that he and defendant No.1 being brothers were co-sharers in equal share in respect of one residential house measuring towards North: 62' 8'', South: 69' 6'', East: 36' 3'' and towards West: 38' 3'' in which 4 rooms, verandah, kitchen, open yard/space, a khola along with latrine and bathroom have been constructed along with boundary wall and in respect of one another residential house cum haveli measuring about 34' 10'' x 27' in size which has been commonly used by the plaintiff as haveli and in respect of one shop measuring about 32' 5'' x 12' 8'' having upstairs in the corner of west/south situated in the revenue estate of Village Fatehabad, Tehsil Khadoor Sahib, District Amritsar. The said properties having been inherited from Bhagwan Singh son of Labh Singh, father by the plaintiff and defendant in equal shares after the death of Bhagwan Singh and Bhagwan Singh was bona fide purchaser of the properties vide different conveyance deeds and agreement dated 04.04.1961, 25.04.1961 and 21.01.1955.

(3.) The case of the plaintiff was that the ownership was not in dispute but defendant No.1 was in excessive share than his actual half share, and therefore, he was in illegal and unauthorised possession and occupation and enjoying the excessive shares qua the property in dispute. Defendant No.2 was alleged to have purchased the property in dispute vide sale deed dated 06.12.2000 and had alleged that he was in peaceful possession, and accordingly, the suit had been filed.