ZILE SINGH Vs. NAFE SINGH

JUDGEMENT

(1.) A suit for partition with consequential relief of permanent injunction instituted by the plaintiff was decreed by the trial Court vide order dtd. 23/2/2016. The appeal preferred to impugn the judgment and decree of the trial Court was dismissed by the lower appellate Court on 14/2/2020. Defendants No.1 to 3 and 6 to 9 are now before this Court in Regular Second Appeal.

(2.) Parties to the lis hereinafter shall be referred to by their original positions in the suit.

(3.) As per the pleaded case of the plaintiff, both the plaintiff and defendants belong to the same Joint Hindu Family and are cosharers in the property comprised in Khewat No.217/199, Khata No.269, Rectangle and Killas No.23//26, 80//26, 135, 136 and 252, total measuing 3 Kanals 1 Marlas, situated in the Abadi of Village Nandnaur, Sonepat (hereinafter referred to as the 'suit property'). The plaintiff claims to be share holder to the extent of 1/6th share in the suit property. Defendant No.6 Rajinder constructed his house over the suit property marked by letters 'ABCD' and defendants No.1 to 3 namely Zile Singh, Dewan Singh and Rajbir had constructed their houses over the suit property marked by letters 'CDEF' in the site plan. Another portion of the suit property marked by letters 'JKLM' and 'NOPQ' in the site plan was stated to be in the occupation of defendants No.6 to 10 i.e. legal representatives of Ram Chander. The defendants allegedly raised construction beyond their shares over the land. The plaintiff asked the defendants in vain for his 1/6th share in the suit property. Resultantly, the plaintiff was left with no other option but to file the suit in question.