HARDIP SINGH Vs. SARLA DEVI & ANOTHER

JUDGEMENT

(1.) The present appeal, filed by the plaintiff-appellant, is directed against the concurrent findings of the Courts below where the suit for permanent and mandatory injunction had been dismissed.

(2.) The case of the plaintiff is that his grandfather was owner in possession of certain agricultural land and he died in the year 1964. A will had been executed in favour of his 6 sons including the father of the plaintiff and the daughter. A house which included one room and verandah, shown in red colour in the site-plan (Exhibit P1) had been constructed in the portion of the plot by his father of his share during his lifetime who died in the year 1977. Defendant No.2 was one of his uncle and defendant No.1-Sarla Devi was the widow of Balbir Singh, another uncle. The suit was contested by Sarla Devi by taking the plea that the house was constructed over the share of Harpal Singh, who had sold his property to Sarla Devi vide registered sale deed dated 27.07.1973 (Exhibit D1).

(3.) The following issues were framed by the Trial Court: