OM PARKASH Vs. DEVENDER AND ANOTHER

JUDGEMENT

(1.) Plaintiff is in second appeal against the concurrent findings of the Courts below.

(2.) Plaintiff filed a suit for partition by metes and bounds with consequential relief of permanent injunction. Plaintiff claimed that he is owner in possession of a plot gair mumkin to the extent of 1/2 share in khewat No.74 min/ 65, Khatoni No.102 min, measuring 0K-7M, vide plot No.56 situated within the revenue estate of village Safiabad Pana Paposia, Tehsil and District Sonepat. Plaintiff had purchased 1/2 share of the plot measuring 0K-7M i.e. 3.5 marlas, measuring about 105 sq. yards vide plot No.56 from one Prem Singh, resident of village Safiabad, Tehsil and District Sonepat through a registered sale deed dated 27.4.2004. Plaintiff claimed that he is in possession of the plot measuring 105 sq.yards marked by letters 'ABCDEF' bounded as East- House of Jaswant, West- Gali Share-aam, North- House of Jaswant and South- Houses of Bani Singh etc. He alleged that defendants, who are strong headed persons, are owners in possession to the extent of remaining 1/2 share of plot measuring 105 sq. yards. The plot is gair mumkin plot situated within the abadi-deh of village Safiabad and there was always a dispute in respect of enjoyment of the property between the plaintiff and the defendants. With this background, suit came to be filed.

(3.) Defendants contested the suit, denying the ownership of the plaintiff to the extent of 1/2 share . It was also denied that the plaintiff ever purchased the plot in question from Prem Singh as per sale deed dated 27.4.2004. Sale deed was claimed to be illegal, void ab initio and was without consideration. Defendants alleged that Dharam Singh was the common ancestor of Prem Singh from whom plaintiff claimed to have purchased the property. Dharam Singh was owner of the property situated within the lal dora of village Safiabad. This property was partly under residential house and partly it was lying vacant. Consolidation took place in the village in the year 1957-58. During consolidation proceedings, the plot bearing No.56 was allotted to Dharam Singh by the consolidation authorities and this plot was situated in the extension of abadi deh adjoining the property owned by him. Dharam Singh immediately after the consolidation proceedings, orally partitioned the house situated in lal dora by way of family settlement and the plot bearing No.56 allotted during consolidation which was adjoining the house by metes and bounds. For clarification, site plan of both the properties was got prepared by the authorities. Lal dora line was marked by letters 'KLM' and was shown in dotted line and blue colour. On the eastern side the house was situated, which was held by Dharam Singh and was marked by letters 'ABGHMPLK'. Plot No.56 was marked by letters ' KLMJCDEF' in the site plan. Both these properties were treated as one unit by Dharam Singh at the time of effecting oral partition and he distributed these properties to his sons, namely, Behari, Charan Singh and Harphool. The portion marked by letters 'BGHJ' and shown in yellow colour in the site plan came to the share of Harphool. Harphool died issueless and his wife also died after some time. On the death of Harphool in the year 1968, his property was succeeded by Behari and Charan Singh. Property marked by letters 'HICJ' and shown in red colour in the site plan came to the share of Behari and the portion marked by letters ABCDEF and shown in orange colour came to the share of Charan Singh. All the three sons came into possession of their respective shares in pursuance of oral settlement done by Dharam Singh and immovable properties situated in lal dora as well as in the extension of abadi were divided and partitioned by metes and bounds in the manner as shown above.