RAM CHANDER Vs. VINOD KUMAR

JUDGEMENT

(1.) By way of this appeal, the plaintiff has challenged the judgment and decrees of the lower Appellate Court whereby the judgment and decree passed by the trial court dismissing the suit of the plaintiff for permanent injunction and declaration has been upheld.

(2.) BRIEFLY stated, the plaintiff and defendants are real brothers. The claim of the plaintiff as made out from the plaint is that he had purchased the land measuring 37 Kanals 4 Marlas vide sale deed dated 06.04.1976 for a consideration of Rs. 20,000/-. It is also averred that the suit land was exclusively purchased by the plaintiff and the defendant has nothing to do with the said land as he had not paid any amount towards sale consideration. Further, vide letter dated 29.01.1979, the defendant admitted the claim of the plaintiff with regard to the land in question and promised to make the amount of his share but failed. Therefore, the plaintiff cannot claim half share in the said property in any manner. The defendant has started claiming half share in the disputed property by filing the partition proceedings and also tried to take possession of the disputed property, hence the present suit was filed for decree of declaration that plaintiff is exclusive owner and in possession of the disputed property. It was also prayed that a decree of permanent injunction be passed against the defendant restraining him from making any type of interference in the peaceful ownership and enjoyment of the plaintiff over the disputed property till defendant makes the payment of half consideration for the land measuring 18 kanals 12 marlas.

(3.) IN ex parte evidence, plaintiff himself appeared as PW1 and tendered his affidavit Ex.PW 1/A and after tendering the documents Exs.P1 to P5, closed his evidence. The trial Court vide impugned judgment and decree dated 26.11.2005 dismissed the suit of the plaintiff.