INDER SINGH Vs. NEPAL SINGH

JUDGEMENT

(1.) Nepal Singh plaintiff filed a suit claiming therein that he along with defendant No. 4 Tejpal was the owner of half of the property in dispute which has been described in the plaint. The owner of other half was Bhagwan Singh defendant No. 3, that Bhagwan Singh sold the entire property to Kuldip Bhargava and Vijay Kumar defendants No. 1 and 2, although Bhagwan Singh was the owner to the extent of half share only. The suit was for declaration that Nepal Singh along with Tejpal defendant No. 3 be declared owner of half of the property each in the property in dispute and that defendants No. 1 and 2 vendees from Bhagwan Singh be restrained from interfering or dispossessing from the half share in possession of the plaintiff.

(2.) Case of the respondents is that petitioners are neither necessary nor proper parties.

(3.) Before recording any finding, let me advert to another aspect of the case. Nepal Singh filed another suit in the Court of Senior Sub Judge, Gurgaon on 13.4.1990 against the petitioners for permanent injunction with a prayer that petitioner be restrained from encroaching upon the plot in suit i.e. the property in dispute. Petitioners filed their written statement in the suit denying the title of Nepal Singh claiming that ownership of the property in dispute vests in them. This suit was dismissed for non-prosecution on 12.4.1994 as Nepal Singh or his counsel did not appear in the aforesaid case.