CHAKKAR PANI Vs. ONKAR NATH

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs Regular Second Appeal. Parties are near relations. The plaintiff is the father of the defendant. Plaintiff filed a suit for permanent injunction restraining the defendant from interfering into his possession of the house in dispute and from raising any construction over the same. As per averments made in the plaint, plaintiff claimed himself to be the sole owner in possession of the house in dispute. Since the defendant who is his eldest son threatened him that he will forcibly occupy the house and thereafter raise construction; hence the present suit.

(2.) THE defendant in his written statement averred that it is a part of joint Hindu undivided family. He further pleaded that the plaintiff is not in exclusive possession of the entire house and so the suit for injunction is not maintainable. On the other hand, it was stated that he is in possession of the house in dispute and so he has right to the construction of the house which is a joint Hindu family property.

(3.) LEARNED trial Court took up issues No. 1 and 4 together and on the basis of oral and documentary evidence adduced by the parties finally came to the conclusion that property is still joint between the parties and so every joint owner has a right on every inch of the property till it is partitioned. Accordingly, it was held that the plaintiff is not in exclusive possession of the house in dispute. The learned trial Court accordingly decided issue No. 1 against the plaintiff and issue No. 4 in favour of the defendant. Consequently, Issue No. 2 was decided against the plaintiff. Issue No. 3 was not pressed and so was decided against the defendant. Resultantly, the suit of the plaintiff was dismissed.