SUDESH KUMARI Vs. DARSHANA DEVI

JUDGEMENT

(1.) Plaintiff is in second appeal against concurrent judgments and decrees passed by the Courts below in a suit for declaration and in alternative for separate possession of half share as owner by way of partition with a consequential relief of permanent injunction restraining the defendant from alienating the existing possession of the suit land by way of raising construction or otherwise till the partition of the suit land.

(2.) Plaintiff Sudesh Kumari filed suit for declaration to the effect that she be declared exclusive owner in possession of the plot situated at Gandhi Dham, Jagadhri measuring 133.6 Sq. yards bounded as under: -

(3.) Plaintiff alleged that Bir Singh was the original owner. He sold the plot to Harbans Lal and Sham Sunder vide registered sale deed 28.04.1976 in equal shares. Plaintiff has purchased plot measuring 2 marlas situated adjacent to the north portion of the plot purchased from Bir Singh by Harbans Lal and Sham Sunder. Aforesaid 2 marlas was purchased by the plaintiff by registered sale deed dated 29.09.1998 from Pawan Kumar. At that time, suit land was lying vacant. Plaintiff had purchased one half share of the suit property from co -sharer Sham Sunder for consideration of Rs. 73,500/ - vide registered sale deed dated 01.05.2000. Vendor handed over actual physical possession to the plaintiff towards northern side of the plot i.e. adjacent to the plot measuring 2 marlas purchased by the plaintiff from Pawan Kumar on 29.09.1998. At that time, Sham Sunder vendor of the plaintiff and another co -share Harbans Lal told the plaintiff that Harbans Lal had already sold half share of the land in question to the defendant and had also delivered the possession to the defendant towards south side of the plot. After purchase of share of Sham Sunder, plaintiff intended to raise construction over the suit land. Both the parties consented to partition the suit land privately on the spot and southern half portion came to the share of defendant whereas half portion towards north side was acknowledged in favour of plaintiff. Plaintiff constructed boundary wall of the plot including his plot of 2 marlas and filled earth on the spot. Since then, plaintiff is in exclusive possession of half share of the plot purchased from Sham Sunder. Defendant became dishonest and threatened the plaintiff that she will raise construction over the northern side of the property which is in exclusive possession of the plaintiff.