MAHESH SONI Vs. RAMANAND

JUDGEMENT

(1.) Present regular second appeal has been filed by defendant No. 1 - Mahesh Soni, against the concurrent finding of decreetal of suit, filed by respondent Nos. 1 and 2 (plaintiffs), by challenging the judgment and decree dtd. 5/4/2016, passed by learned Additional Civil Judge (Senior Division), Rewari (Trial Court), as affirmed by learned Additional District Judge, Rewari, vide impugned judgment and decree dtd. 29/7/2019 (First Appellate Court).

(2.) Factual matrix of the case is that plaintiffs (Rama Nand and Anil) filed a suit seeking a decree for permanent injunction for restraining the defendants from interfering in the peaceful use and possession of ancestral coparcenary property of the plaintiffs, boundaries of which is detailed in the plaint. It is also pleaded in the suit that if during the course of trial, defendants succeed in illegally ousting the plaintiffs, their possession be restored to its original position.

(3.) As per pleaded case of the plaintiffs, one Ram Dayal (father of plaintiff No. 1 and grand-father of plaintiff No. 2) had been the owner in possession of residential house, situated in the lal dora. Said property was orally partitioned by Ram Dayal amongst his three sons, namely, (i) Chandgi Ram, (ii) Rama Nand, and (iii) Devi Chand, in equal share. Defendant No. 2 - Champa Devi is widow of Chandgi Ram, whereas defendant Nos. 3 and 4 - Chhabil Chand and Muni Lal respectively, are sons of Chandgi Ram, who were impleaded in the array of defendants by Trial Court, vide order dtd. 30/4/2015.