ANAND PAL Vs. DAFEDAR AND ORS.

JUDGEMENT

(1.) THE present Regular Second Appeal is directed against judgment and decree dated 21.05.1993 passed by learned Additional District Judge, Gurgaon, whereby, appeal filed by the plaintiff - appellant was accepted and judgment and decree dated 19.08.1989, passed by the learned Senior Sub Judge, Gurgaon was set aside and suit of the plaintiff was decreed for possession in respect of the suit land measuring 2 kanals 7 marlas.

(2.) FOR the sake of convenience, parties are being referred as per their status before the trial Court.

(3.) DEFENDANT -appellant contested the suit. The ownership as well as possession of the suit land was denied. Main stand taken by the appellant/defendant that Ganga Ram was common ancestor of the parties to the suit and his descendants were the joint owners of pucca haveli bearing killa No.79 (3 kanal 2 marla), khasra No.119 and killa No.24 which was gair mumkin. At the time of consolidation, Kanhi Singh and Jawani Singh whose names appeared in the pedigree table described in para 3 of the written statement had 1/4th share, Lila Singh 1/4th share, Gorkhi Singh 1/4th share and Jasmal etc. 1/4th share in the said properties. On the basis of mutual settlement, the suit land was allotted to Gorkhi Singh, the grand father of the defendant. Said Gorkhi Singh died in the year 1956. Appellant/defendant being pre -deceased son of Gorkhi Singh inherited his estate and since then he has been in possession of the land i.e. since 1950, as owner. Construction of 2 pakka rooms and 2 kacha chappers had fallen down about 6 years prior to filing of the written statement. Defendant had planted a number of trees out of which about 15 trees are still standing. The land was being used for residential purpose, tethering of cattle and various other domestic purposes. Plea was also taken that although plaintiffs are neither owner in possession of the property in dispute but they were recorded as owner in possession and when the error came to the knowledge of the defendant, the khasra girdawari entries were got corrected in his favour in Kharif 1981 with notice to the plaintiff.