LAWS(P&H)-2014-1-576

TEJA SINGH Vs. JOGINDER SINGH AND OTHERS

Decided On January 28, 2014
TEJA SINGH Appellant
V/S
Joginder Singh And Others Respondents

JUDGEMENT

(1.) This is plaintiff's Regular Second Appeal against the judgments and decrees passed by both the courts below, whereby his suit for permanent injunction restraining defendants No.1 to 3 (respondents No.1 to 3 herein) from interfering into possession of the plaintiff over the suit land has been dismissed.

(2.) In this case, the plaintiff and defendant No.1 are the real brothers. They are sons of Ram Rakha (since deceased). Defendants No.2 and 3, namely Hardev Singh and Jagdev Singh, are the sons of defendant No.1 Joginder Singh.

(3.) It is the case of the plaintiff that the suit land was the Joint Hindu Family property and it was owned and possessed by Ram Rakha, being Karta of the Joint Hindu Family. After the death of Ram Rakha, both the brothers being coparceners are owners in possession of the suit land in equal shares. It was alleged that for the last 20 years, the plaintiff was in possession of the suit land. Therefore, he sought the aforesaid injunction.