RAM CHANDER Vs. SUBE SINGH

JUDGEMENT

(1.) Assailing the concurrent finding recorded by the two courts, appellant-plaintiff is before this Court by way of instant second appeal.

(2.) Claiming to be owner in exclusive possession of a residential plot measuring 450 square yards, plaintiff filed a suit for declaration to the effect that he is owner in possession and for permanent injunction restraining the defendants from interfering in his peaceful possession and from alienating the suit property. Pleaded case of the plaintiff is that Sh. Karmu @ Karma, predecessor-in-interest of defendants No.1 to 10, was the owner in possession of 1/4th share in Khasra No. 246//23/2 in Khewat No.2900//2797 Khatauni No.3327 of Gair Mumkin land measuring 2 kanals 6 Marlas. He sold 1/4th share in the land measuring 400 square yards to the plaintiff @ Rs.35.00 per square yard in the year 1985 for a total consideration of Rs.14,000.00. Plaintiff claims that he purchased another 50 square yards for a consideration of Rs.5,000.00 which was paid in the presence of witnesses. Plaintiff made construction on the plot and is utilizing the same. However, Karmu never executed sale deed in his favour and after his death, defendants No.1 to 10 have started interfering in his possession on the pretext that they have inherited the suit land.

(3.) Upon notice, suit has been contested by defendants No. 1 to 13 by filing a reply. Besides raising various preliminary submissions it was stated that defendants No.1 to 10 were the owners of the suit property and after death of their father, they had inherited it along with their mother. Reference was made to the Jamabandi for the year 1999-2000 to show that the suit was originally owned by Chandan Singh, Dharma, Karmu and Smt. Banti in equal share and after the death of Karmu, his widow and children became the owners.