SARWAN KUMAR AND ANOTHER Vs. CHHOTI AND OTHERS

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts below whereby suit filed by the appellants/plaintiffs in respect of house No.217 old and new No.1214, Ward No.18, New Char Chaman, Karnal for declaration, mandatory and permanent injunction was dismissed by the trial Court vide judgment and decree dated 28.07.2009 and appeal preferred by unsuccessful plaintiffs/appellants did not find favour with the Additional District Judge, Karnal.

(2.) The plaintiffs/appellants claimed themselves to be co-owners of the suit property on the premise that mother of the plaintiffs purchased suit property with her resources in the year 1983 vide registered sale deed No.5309/1 dated 14.03.1983. The suit property was purchased in the name of Sarwan Kumar plaintiff No.1 and Nanu Ram (since deceased), brother of plaintiffs because plaintiff No.2 was a government employee. The mother of the plaintiffs had told to plaintiff No.1 and Nanu Ram that after her death, portion of the suit property in her possession to the extent of 1/3rd share will be inherited by plaintiff No.2 as owner in possession. As such, after death of their mother, plaintiff No.2 became owner of the suit property to the extent of 1/3rd share.

(3.) Nanu Ram committed suicide by hanging on 010.2004. He was issueless. After his death, plaintiffs became owners in possession of the suit property in equal shares. On 110.2004, defendants gathered for Rasam Pagri of deceased Nanu Ram and threatened the plaintiffs that they will forcibly occupy the suit property. On 17.10.2004, Chhoti- defendant No.1 along with other defendants and some anti-social elements tried to take possession of baithak of suit property forcibly. Defendants No.1 to 3 claimed 1/3rd share in the suit property whereas Nanu Ram took divorce from defendant No.1 vide judgment and decree dated 208.1988 passed by the Additional District Judge, Karnal. After divorce, defendant No.1 remarried and two sons of Nanu Ram had also expired. On 26.10.2004, defendants forcibly took possession of front room and room on the upper storey in absence of the plaintiffs. They also took certain articles belonging to the plaintiffs.