KARNAIL SINGH Vs. GURDEV KAUR AND ORS.

JUDGEMENT

(1.) Defendant Karnail Singh is in second appeal against judgment of reversal passed by the lower appellate Court by setting aside judgment and decree dated 31.10.1998 passed by Civil Judge (Jr. Divn.) Fatehgarh Sahib and accepting the appeal of the plaintiffs vide order dated 17.08.2012 in a suit for separate possession and permanent injunction thereby decreeing the suit of the plaintiffs in appeal.

(2.) Plaintiffs filed suit for separate possession and permanent injunction on the ground that the suit property was owned by the father of the plaintiffs and after the death of their father plaintiffs and defendant were joint owners in possession of the suit property i.e. the house in question being legal heirs of deceased father. The suit property has not been partitioned and is still in joint possession of the parties. Deceased-plainttiff had half share in the suit property and the remaining half share is of defendant. With this background suit was filed.

(3.) Defendant contested the suit firstly on the ground that full particulars of the disputed property have not been given which is property No.7/2347. The said property was claimed to be in exclusive possession of the defendant who had spent huge amount on construction. Previously plaintiff tried to interfere in the possession of defendant and he filed suit in which order of status quo was passed against the then plaintiff Ram Sarup (husband of Gurdev Kaur and father of remaining plaintiffs). In the said suit Local Commissioner was appointed who submitted its report to the effect that defendant Karnail Singh was residing in the suit property along with his family. Dismissal of the suit with costs has been prayed.