ABDUL Vs. AYYUB AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 08.05.2014 passed by the learned Additional District Judge, Mewat, whereby the appeal filed by appellant-plaintiff against the judgment and decree dated 21.01.2013 passed by the learned Addl. Civil Judge (Sr. Division), Nuh, has been dismissed.

(2.) Appellant-Plaintiff has filed the suit for declaration with a consequential relief of permanent injunction on the averments that he is owner in possession of the agriculture land comprised of Khewat/Khatoni No. 56/65, Rect. No. 5, Killa No.6 (8-0), 15(2-16), Rect. No. 6, Killa No. 9/2 (6-16) total measuring 17 Kanals 12 Marlas situated within the revenue estate of village Chundhika, Tehsil Tauru, District Mewat fully detailed and described in para no. 1 of the plaint. It is further pleaded that the suit land along with other land was joint between the plaintiff, defendant no.1 and their other brothers. The same was mutually partitioned about 30 years back. As a result of the said partition, the separate Khewat/ Khatoni numbers were allotted to the plaintiff, defendant no.1 and their brothers. The suit land had fallen to the share of the plaintiff. Since then, he is exclusive owner in possession of the aforesaid land. The said partition was duly mutated in the revenue record.

(3.) The suit was contested by the defendants no.1 and defendants no.2 and 3 by filing the separate written statements. Defendant no.1 contested the suit on the grounds inter alia that plaintiff and defendants are co-owners and co-sharers and are in joint possession of the suit land and the same was neither partitioned either mutually or by meets and bounds between all the co-sharers. The story projected by the plaintiff is false. He further pleaded that he has rightly and correctly sold his share to defendants no.2 and 3. He denied that Killa Nos. 6 and 15 had fallen to the share of plaintiff as alleged. With these pleas, he pleaded for the dismissal of the suit.