AKHTAR HUSSAIN Vs. IFRAN AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 30.05.2015 passed by the learned District Judge, Mewat, whereby the appeal filed by appellant-plaintiff against the judgment and decree dated 30.04.2015 passed by the learned Addl Civil Judge (Sr. Division), Ferozepur Jhirka, has been dismissed.

(2.) Appellant-Plaintiff has filed the suit for permanent injunction restraining the defendants-respondents from raising any construction over any portion of the suit property measuring 29 Kanals 19 Marlas as detailed and described in para no.1 of the plaint situated within the revenue estate of village Ranika, District Mewat, which is jointly owned and possessed by the parties and no partition has taken place till date. It is further averred that the defendants-respondents are bent upon to raise construction over the suit land without getting it partitioned and thus want to change the nature of the suit land. Hence the suit.

(3.) Respondents-Defendants contested the suit on the grounds inter alia that an oral partition of the suit property has already taken place about 30 years back amongst the co-sahrers. In the said oral partition, the land adjoining rasta/phirni measuring 5 Kanal 10 Marlas comprised of Killa no. 14//2/1, 2/2 had fallen to the share of respondents-defendants no.1 and 2 wherein they have constructed the boundary wall and tubewell etc. with the consent of other co-sharers. As such, they have every right to raise any type of construction over the property in their possession. Thus, they pleaded for dismissal of the suit.