MUKESH Vs. HIRA LAL ETC

JUDGEMENT

(1.) LRS of the plaintiff-Chandgi are in second appeal against the concurrent findings recorded by both the courts below whereby his suit for injunction seeking to restrain the defendants from raising any construction more than their share in the joint khewat bearing Khasra No.369 measuring 2 kanal and 18 marlas, has been dismissed vide judgment and decree dated 27.2.2010 passed by the learned Civil Judge (Jr. Division), Rewari and the findings thereof have been affirmed by the learned Addl. District Judge, Rewari vide judgment and decree dated 30.10.2012.

(2.) LEARNED counsel for the appellant has argued that the raising of the construction by the defendants would amount to ouster of the plaintiffs and therefore, both the courts below ought to have decreed the suit.

(3.) IT is not in dispute that both the courts below have found on the basis of evidence adduced on record that the suit land though shown to be joint, however, the plaintiff is not in possession of any portion of the joint Khewat. To return such a finding, courts below have relied on the evidence of PW1,PW2 and PW3. The findings recorded by the learned First Appellate Court in para 15 of its judgment reads as under: