RAM NATH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This judgment disposes of two Regular Second Appeals, which arise out of identical facts and raise common questions of law and fact.

(2.) For convenience, the facts are taken from RSA No.1236 of 1991 titled 'Ram Nath and Others v. Bhagwan Singh and Others', which arose out of Civil Suit No.475 of 1989 titled 'Sheoraj Singh and Others v. Ram Nath and Others'; and Civil Appeal No.82/13 of 1989 titled ' Sheoraj Singh and Others v. Ram Nath and Others'.

(3.) Background : Plaintiffs (who are respondents herein) claimed title and possession to 04 Kanal 16 Marla of agricultural land described in paragraph 1 of the plaint. The suit land formerly formed part of an undivided joint holding of Shamlat Patti Ram Singh in Village Jatoli, in which both the parties were also the co-sharers. The plaintiffs assert that the joint holding was partitioned by mutation No.3173 dtd. 25/9/1973, pursuant to which the suit land fell to their share. Defendants were allotted other land out of the joint holding. As per plaintiffs, after partition, defendants continued in possession of that land despite its allotment to the plaintiffs and refused to surrender possession on demand. The plaintiffs therefore sued for possession on the basis of title / partition allotment and consequential reliefs.