DARBARA SINGH Vs. TARA CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment/decree dated 8.1.2004 passed by the Court of learned Additional District Judge, Kurukshetra whereby he dismissed the appeal preferred against the judgment/decree dated 23.12.1999 vide which the Court of learned Civil Judge (Junior Division), Kurukshetra had dismissed the suit.

(2.) THE facts which form the backdrop of the suit are that Rattan Singh, Tara Chand and Dhan Singh defendants and their brothers, Inderaj and Chattar Singh sons of Heera alias Hari Singh were joint owners in possession in equal shares of the land measuring 182 kanals 19 marlas as delineated in the plaint. The constant dispute in relation to the sharing of the usufruct of the land, disturbed peace in the family and eventually, a family settlement took place between the plaintiffs who are sons of Rattan Singh-defendant No. 1, the co- defendants and Inderaj, Chattar Singh in the presence of relatives of the parties after harvesting Rabi crop in June, 1972. The land measuring 40 kanals comprised in Rectangle No. 12, Khasra No. 17 (8 kanal 0 marla), 18 (8 kanal 0 marla), 22 (8 kanal 0 marla), 23 (8 kanal 0 marla), 24 (8 kanal 0 marla) along with 1/5th share in the land comprised in Khasra No. 154 (0 kanal 11 marla) situated within the revenue limits of Village Fattupur, Tehsil Thanesar, District Kurukshetra fell to the share of the plaintiffs in the family settlement and its possession was delivered to them at the spot and thus they are the exclusive owners in possession of the said land. The defendants agreed to get the revenue entries corrected in their names, but taking an undue advantage of the wrong entries in the jamabandi regarding the aforesaid land, the defendants started asserting their ownership by backing out from the family settlement, they gave a rise to the cause of action to the plaintiffs. On these allegations, the suit has been filed for declaration to the effect that the plaintiffs are the owners in possession in equal shares of the land measuring 40 kanals and in joint possession as owners to the extent of 1/5th share in khasra No. 154 with consequential relief of permanent injunction restraining the defendants from interfering in the peaceful and lawful possession of the plaintiffs over the suit land.

(3.) WHETHER the plaintiffs have no locus-standi to file and maintain the present suit ? OPD