JAI PAL Vs. BHARTA

JUDGEMENT

(1.) THE version of Jai Pal petitioner was that he was a co- sharer in the suit land with Bharta, respondent. He has no right to raise construction on the valuable and specific portion of the joint land adjoining the road of village Berka. It will seriously hamper the right of Jai Pal petitioner. Therefore, he filed a suit for permanent injunction.

(2.) BHARTA respondent filed written statement and contested the suit. His version was that the parties along with some other persons were jointly owners of the land measuring 462 kanals which was mutually partitioned about 25 years back and each of them was in possession of specific area. They were using the land in their possession in husband like manner and they were free to alienate the same, raise construction or to lease out the same in favour of brick kiln owners. It was also pleaded that even Jai Pal petitioner and his brother have constructed three big shops in killa No. 13/1 of Rectangle No. 7 out of which two shops have been rented out. They have also given Killa Nos. 18, 19, 22 and 23 of Rectangle No. 7 and Killa Nos. 2 and 3 from Rectangle No. 9 in favour of brick kill owners. The answering defendant i.e. Bharta has also installed a tubewell in Killa No. 8/2 of Rectangle No. 20 and tin shed in Killa No. 7/2 of Rectangle No. 20. The respondent intends to raise a boundary wall from the side of two roads to save his crops from stray cattle. Hence, dismissal of the suit was prayed.

(3.) THE petitioner filed an appeal. The appeal was also dismissed by the Court of Additional District Judge, Gurgaon vide order dated 25.7.2006.