RAJMAL Vs. BHARAT SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decree dated 29.07.2010 of the trial Court whereby his suit for declaration that he is owner in possession of the suit land was dismissed and further judgment and decree dated 29.04.2011 of the lower appellate Court dismissing his appeal filed against the aforesaid judgment and decree of the trial Court.

(2.) Briefly stated, appellant filed a suit on the averments that defendant No.1 has been wrongly recorded as owner to the extent of 1/5th share in the revenue record with regard to the land, as detailed in para No.1 of the plaint. According to the appellant, the entire land was owned by Sultan, father of the plaintiff-appellant and husband of defendant No.1, who had died in the years 1962-63 and thereafter the land was inherited by plaintiff-appellant and defendants No.1, 5 and 6. It is further case of the plaintiff-appellant that after the death of Sultan, defendant No.1-Shanti contracted a Karewa marriage with Desha @ Desh Raj, brother of Sultan, and gave birth to defendants No.2 to 4. After the Karewa marriage, defendant No.1-Shanti was divested from all rights in the suit land and the same had been reverted to the family of her first husband i.e. appellant as well as defendants No.5 and 6.

(3.) The appellant has further pleaded customs in this regard. It is his further case that defendant No.1 Shanti suffered a decree dated 14.08.2006 in favour of defendants No.2 to 4 of the land of her share qua which she had no right. By filing the instant suit, the plaintiffappellant has sought declaration that the aforesaid decree is null and void and the appellant is owner in possession of the suit property, and has further sought injunction against the defendants No.1 to 4 restraining them from interfering into his peaceful possession over the suit land and from alienating the same.