HARBHAGWAN Vs. PUNNI DEVI

JUDGEMENT

(1.) This Regular First Appeal has been directed against judgment and decree dated September 22, 1979 rendered by the Senior Sub Judge, Bhatinda, vide which suit brought about by the plaintiff/respondents for recovery of Rs. 23,866.60/- as their three fourth share of compensation in the suit land, with 6% interest per annum was decreed.

(2.) Brief facts of the case reveal that a suit for recovery of the amount, referred to above, was instituted by the plaintiffs on the allegations that Shri Bansi Ram father of plaintiffs, died about 15 years back leaving behind the plaintiffs as his legal heirs. Budh Ram was the brother of said Bansi Ram who died in 1966. He was not married and, thus, had no child and as such the plaintiffs were the sole heirs of Budh Ram as well. Plaintiffs and Budh Ram together instituted a suit for possession by way of pre-emption of agricultural land measuring 23 bighas 3 biswas situated in Patti Mehna, Bhatinda against Birj Lal and others and the same was decreed in their favour. Budh Ram had half share and the plaintiffs had the remaining half share. Possession of the pre-empted land was delivered to the plaintiffs and Budh Ram to the extent of their respective shares in the month of May, 1962 and thereafter they remained in joint possession of the said land. On April 16, 1963 Budh Ram sold 1/4th share out of the aforesaid land to Harbhagwan, Pawan Kumar and Jaswant Rai. As a result of the said sale and subsequent death of Budh Ram, plaintiffs became joint owners of 3/4th share in the land measuring 23 bighas 13 biswas and the defendants became joint owners to the extent of 1/4th share in the said land. However, the defendants taking undue advantage of the absence of plaintiffs from Bhatinda, secured a wrong entry in he revenue record showing them to be sole owners of the entire land measuring 23 bighas 13 biswas. The land aforesaid had since been acquired for the purpose of Bhatinda Cantonment and an amount of Rs. 31,822.13/- was sanctioned as its compensation which amount had since been collected by the defendants alone to the exclusion of the plaintiffs, who, according to the respective rights of the parties in the said land, were entitled to a sum of Rs. 23,866.60/- which amount had also been collected by the defendants. When demand of the plaintiffs to secure their share of compensation fell on deaf ears, the suit giving rise to present appeal was filed.

(3.) The suit instituted by the plaintiffs was contested by the appellants herein by inter-alia, pleading that they had become owners of the suit land by adverse possession and that the Civil Court had no jurisdiction to entertain the suit and that the suit was not maintainable in the present form. It was also pleaded that the suit was bad for non-joinder of necessary parties and that the plaintiffs had earlier also filed a civil suit for joint possession of the suit land on 18-12-1971 which was dismissed as withdrawn on 17-1-1973.Pleadings of the parties gave rise to the following issues :-