MIR SINGH Vs. RAM SINGH & ORS.

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decree of the trial Court whereby his suit for possession in respect of agricultural land measuring 9 kanals 14 marlas as detailed in the plaint has been dismissed and also against dismissal of his appeal by the Lower Appellate Court. The brief facts of the case, necessary for disposal of the instant appeal and as emerging from the aforesaid impugned judgments and decrees, are that the appellant filed the instant suit for possession of land measuring 9 kanals 14 marlas i.e. half share of land measuring 19 kanals 7 marlas, out of the total land measuring 39 kanals 15 marlas comprised in rectangle and killa No. 106//16, 17, 24, 115//4 and 67//11, 12/1, Khewat No. 153, as per the jamabandi for the year 1982 -83.

(2.) IT has been submitted in the suit that Moti Ram was the common ancestor of the parties to the suit and he was owner in possession of the agricultural land situated in the revenue estate of Badhra. He was also having Shamlat land of his share in the Badhra and that land was measuring 99 Bighas 13 Biswas comprised in khewat No. 107 Khatoni No. 301 of 319 as per jamabandi for the year 1970 -71. It was further alleged that in the year 1974 some of the co -sharers of the Shamlat land got separated their land by way of filing of the partition petition before Tehsildar, Charkhi Dadri and land of the parties in the present suit came in specific khewat No. 153 which was still joint.

(3.) IT is the further case of the plaintiff -appellant that in the year 1989, Sheo Kalan and Madiya filed a partition petition of the suit land (Shamlat Land) before Assistant Collector 2nd Grade, Charkhi Dadri and in that petition, Sheo Kalan and others claimed their 2/3rd share and during the pendency of that partition proceedings, the area of Badhra became separated Sub Division and that partition petition was transferred from Assistant Collector 2nd Grade, Charkhi Dadri to Assistant Collector 2nd Grade, Badhra but the plaintiff -appellant did not receive any intimation in this regard. Later on, the Assistant Collector 2nd Grade, Badhra issued "Sanad Taksim" and when the plaintiff came to know, he filed objections but the same were dismissed. It was alleged that thereafter, on 12.6.1992, defendant -respondents occupied 2/3rd land out of the land measuring 39 kanals 15 marlas and they prevented the plaintiff and proforma defendants from entering into that land and defendants also stated that they also got entered their name in the revenue record and mutation was also sanctioned in their favour, then the plaintiff -appellant came to know about the false entry in the revenue record in favour of the defendants. Since defendants failed to deliver the possession of the half of the suit land i.e. 19 kanals 7 marlas out of the total land measuring 39 Kanals 15 marlas to the plaintiff and proforma defendants, necessity arose to file the present suit.