FAKIRA AND ANOTHER Vs. MITTUL MONGIA AND OTHERS

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 21.12.2012 passed by the appellate court (Additional District Judge, Gurgaon) dismissing the appeal of the appellants and affirming the judgment and decree dated 6.5.2008 passed by the Civil Judge (Junior Division), Gurgaon decreeing the suit of the plaintiffs (respondents No. 1 and 2) for possession of the land in dispute.

(2.) Smt. Ganeshi Bai widow of Sunder Dass and Ramesh Chand Mehta, Advocate son of Sh. Amir Chand filed suit for possession, mandatory injunction and permanent injunction in regard to 05 biswas of land bearing Ahata No. 32 Hadbast No. 108 marked by letters 'JKLM' in the site plan attached with the plaint situated in village Sihi, Tehsil and District Gurgaon on the premise that the plaintiffs are co-owners of the suit land to the extent of -1/2 share each being the successors-in-interest of the previous owners. It is averred that originally the land was allotted to Sh. Tahlia Ram son of Ram Chander by Department of Rehabilitation vide No. S-111-19 (44) (54)1 and (54) 2 on 30.8.1955 and 24.3.1955, respectively. The said piece of land was inherited by Amir Chand, son, Smt. Ganeshi Bai, daughter and Smt. Ashi Bai, widow of said Tahlia Ram to the extent of 1/3rd share each. After death of Ashi Bai in 1989, mother of plaintiff No. 1 and grand mother of plaintiff No. 2 her share was inherited by Smt. Ganeshi Bai and Amir Chand to the extent of -1/2 share each. After death of Amir Chand on 8.2.1996, -1/2 share of Amir Chand was succeeded by plaintiff No. 2 by way of registered Will and in this manner, the plaintiffs have become co-owners to the extent of -1/2 share each in the suit land.

(3.) The plaintiffs earlier filed civil suit bearing No. 612 of 9.1.1987 when defendant No. 1 (Fakira, appellant) started to interfere in peaceful possession and ownership of the suit land which was dismissed in default on 20.7.1992. During pendency of the aforesaid suit, defendant No. 1 occupied the portion marked by letters 'ABCD' shown in read colour and raised construction thereon. Defendant No. 2 occupied portion marked by letters 'CDEF' shown in blue colour and raised constructions thereon about 5/6 months ago. Defendant No. 3 occupied the portion marked by letters 'EGHJ' shown in yellow colour and also raised construction thereon about 2/3 months ago. The remaining portion marked by letters 'FGHKLMABF' is lying vacant which is under possession of the plaintiffs. The defendants have occupied the above portions illegally, forcibly and unlawfully to which they have no right.