SANTOSH Vs. VIKRANT

JUDGEMENT

(1.) THE plaintiff is before this court against the judgment and decree of the learned lower appellate court, whereby that of the trial court was reversed and suit of the plaintiff for declaration and consequential relief of joint possession and permanent injunction was dismissed.

(2.) BRIEFLY , the facts available on record are that the appellant -plaintiff filed a suit for declaration claiming that she along with defendants No. 1, 2 and 5 are owners in possession of 4/30 share and defendants No. 3 and 4 are owners in possession of 1/20 share out of 1/6 share in land measuring 154 kanals and 8 marlas comprised in Khewat No. 5, Khatoni Nos. 6 and 7, situated within the revenue estate of village Anwali, Tehsil Gohana, District Sonepat. It was claimed in the suit that the plaintiff along with defendants are coparceners in the suit property, which is ancestral in the hands of Dariya Singh as he had inherited the same from his father.

(3.) LEARNED counsel for the appellant submitted that excerpts from the revenue record were produced in the form of Ex. PW3/A and Ex. PW4/A, which clearly established that the property in dispute was ancestral in the hands of Dariya Singh, father of the appellant. As a result of this, the appellant and other members of the family got shares in the property by inheritance. In the light of the aforesaid evidence on record, the judgment and decree passed by the learned lower appellate court, while reversing the findings recorded by the trial and dismissing the suit filed by the appellant, deserve to be set aside and that of the trial court be restored.