SURAJ BHAN Vs. LAL SINGH

JUDGEMENT

(1.) Suit seeking decree of permanent injunction regarding property in dispute filed by the plaintiff - Ram Deen through his legal representatives (now respondents through his LRs) was dismissed by learned Additional Senior Sub Judge, Narnaul vide his judgment dtd. 6/5/1988. However, the appeal filed by the said plaintiff through his LRs was accepted by learned Additional District Judge, Narnaul, who vide his judgment dtd. 5/12/1991 set aside the judgment of trial Court and decreed the suit. Against this reversal, one of the defendants of the suit namely Suraj Bhan-appellant (now through his LRs) has approached this Court.

(2.) Trial Court Record was called. Same has been perused. In order to avoid confusion, parties have been referred as per their status before the Trial Court.

(3.) Land in dispute is khasra 468 (0-19) comprised in Khewat no.122/118 Khatauni No.166 situated in Village Begpur, District Narnaul as per the jamabandi for the year 1978-79 (Ex.P-1). It is not disputed amongst the parties that both of them along with others are co-sharers in the said land. The grievance of the plaintiff is that though parties to the suit along with other co-sharers are joint owners in possession, but defendants are bent upon to raise construction in the suit property by putting stones therein and by doing fencing etc., without having any right to do so, as defendants cannot take exclusive possession of the suit property by excluding the plaintiff and other co-sharers. It was also alleged by the plaintiff that by colluding with the Patwari Halka, defendant had succeeded in getting his name incorporated in the khasra Girdawari to show his exclusive possession over the suit property, without consent of the other co-sharers. With these averments, plaintiff prayed for decree of permanent injunction.