RAMANAND AND OTHERS Vs. DHARAMPAL AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the defendants in a suit filed by the respondents No.2 and 3 herein, i.e. the plaintiffs (hereinafter to the referred to as the plaintiffs), seeking permanent injunction restraining the defendants from raising construction over more than their share of the suit land, or from interfering/dispossessing the plaintiffs from their share.

(2.) As per the suit filed by the two plaintiffs (with the facts being taken from the judgment of the learned Civil Judge), the plaintiffs and proforma defendants No.8 and 9 (respondents No.3 and 4 herein), are co-sharers to the extent of a half share of agricultural land falling in Khewat No.2, Kitta No.13, measuring 55 kanals and 11 marlas, in village Jasawas, as per the 'jamabandi' (record of rights) for the year 2003-04. Partition proceedings had been initiated by the plaintiffs in respect of the said land, before the Assistant Collector Ist Grade, wherein the defendants (present appellants) were the respondents.

(3.) Upon notice to them, defendants No. 1 to 3, 5 and 6 (presently appellants No. 1 to 3, 5 and 6) filed a written statement taking preliminary objections qua maintainability of the suit, locus standi etc., further contending on merits that the suit land had actually already been partitioned vide two different Likhtam (writings) dated 08.04.1983 and 27.05.1988, after which all the parties came into possession of their specific holdings, wherein the contesting defendants received a specific 'mustatil' and killa No. 19//18, measuring 5 kanal 9 marlas and killa no. 19//23 measuring 3 kanal 11 marlas land, thus totalling 9 kanals 0 marla. Upon that land they had got constructed a 'pucca' house, in which they were residing, in their specific shares. Hence, it was contended that there was nothing further left to be partitioned and consequently, dismissal of the suit was prayed for.