FAQUIR CHAND Vs. RAMESHWAR

JUDGEMENT

(1.) FOR the reasons stated in the application the delay in re-filing the present appeal is condoned. During the course of arguments, Mr. C.B. Goel, the learned counsel appearing for the plaintiff- appellants has argued that the defendants had admittedly purchased the land measuring 3 kanals 8 marlas from the heirs of Raghunath, brother of Ram Parshad. Accordingly, it has been argued that the defendants in any case cannot claim more than the aforesaid land in the joint khewat. According to the learned counsel, the plaintiffs do not wish to challenge the title of the defendants with regard to 3 kanals 8 marls of land. However, the plaintiffs should be granted a liberty to claim their share in the partition proceedings, as per their entitlement. Mr. Sandeep Sharma, the learned counsel appearing for the defendant- respondents has no objection if the aforesaid limited prayer of the learned counsel for the appellants is granted. Mr. Sharma, however, states that the plaintiffs should not be permitted to interfere in the possession of the defendants in the aforesaid land i.e. 3 kanals 8 marlas, in any manner and of course the right of the aforesaid defendants would be subject to the final partition between the parties.

(2.) IN view of the aforesaid agreement between the learned counsel for the parties, the present appeal is disposed of and it is directed that the plaintiffs shall not interfere in any manner in the possession of the land measuring 3 kanals 8 marls purchased by the defendants from the heirs of Raghunath. It is further directed that the plaintiffs shall have no right to challenge the title of the defendants qua the aforesaid land. The defendants in turn are also directed that they shall not claim any more land than the land purchased by them through the aforesaid sale deed executed by heirs of Raghunath. The defendants consequently shall not interfere in the land which is in possession of the plaintiffs, beyond the land purchased by the defendants themselves. The possession of the plaintiffs as well as the defendants shall be subject to final order of partition to be passed by the Competent Authority. The parties shall be entitled to seek the separate possession of the suit property, as per their entitlement and any observation made by the two Courts below with regard to the entitlement of the plaintiffs shall not come in their way while they seek the partition. Before the partitioning authority, the plaintiffs would be at liberty to prove their entitlement, in accordance with law. With the aforesaid observation, the present appeal stands disposed of.