OM DUTT Vs. MOHAN LAL

JUDGEMENT

(1.) Plaintiffs Gopi Ram (since deceased) and Rameshwar Dass filed a suit for delivery of possession of the suit property. The trial Court decreed the suit as prayed for. Defendant Mohal Lal preferred the appeal before the 1st appellate Court challenging the judgement and decree suffered by him. The 1st appellate Court allowed the appeal and consequently dismissed the plea of the plaintiffs. Aggrieved by the judgement and decree passed by the 1st appellate Court, the present appeal has been preferred by the plaintiffs.

(2.) The plaintiffs have contended that they were joint owners in equal shares of the suit property. It is claimed that they got the suit property in partition of the joint land vide order of partition dated 22.6.1972. Alleging that defendant Mohan Lal had forcibly entered into the suit land, the suit was filed by the plaintiffs praying for delivery of possession.

(3.) Defendant Mohan Lal contended in his written statement that he has been in possession and enjoyment of the suit property in his own right. The suit land which fell to the share of Kewal Ram who was a big landlord was declared as surplus by the Government. After the surplus land of Kewal Ram vested in the Government, the same was allotted to the defendant Mohan Lal on 30.10.1963. The possession of the land was delivered to the defendant on 2.12.1963. The proprietary right of the suit land was conferred to him on 16.8.1977. The Sanat was issued by the Government in favour of the defendant on 12.9.1977. Therefore, it is submitted that the plaintiffs have no right over the suit property.