JAI CHAND Vs. BRIJ LAL

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by Jai Chand Plaintiff impugning the decision of the Additional District Judge, Karnal, dated November 2, 1992, by which he partly reversed the judgement and decree, passed by the learned Subordinate Judge First Class, Karnal, on May 12, 1988.

(2.) Brief facts of the case are that Jai Chand plaintiff filed a suit for permanent injunction with a prayer that Brij Lal and Anil Kumar defendants be restrained from interfering in his peaceful possession of the suit property, claiming himself to be its owner. It was pleaded that he purchased the suit property vide Registered Sale Deed dated September 28, 1984 from Gian Chand son of Matu resident of Village Nigdhu and that defendants were trying to dispossess him illegally and forcibly.

(3.) On the other hand, the defendants took the stand that Jai Chand had nothing to do with the suit property comprised of khasra No. 458 situated within the revenue estate of Village Nigdhu. According to them, originally suit property belonged to one Matu and on his death, it was inherited by his widow, Savitri, son Gian Chand, two daughters, namely, Bala and Darshni in equal shares. Brij Lal purchased 1/4th share belonging to Savitri widow of Matu through a Registered Sale Deed, dated March 13, 1978, Exhibit Dl, and took possession there of. In the North Eastern corner of that portion of the land, Brij Lal constructed a kotha and a wall.